Child labor protections have existed for nearly a century but have come under attack in recent years. In 1938, the Fair Labor Standards Act (FLSA) set guidelines for the hours and nonhazardous jobs for which employers could hire children under 16, guidelines that have for decades helped ensure that young teens could enter the workforce without jeopardizing their health or education. Where state standards are weaker than those provided in FLSA, federal law preempts the state standard, preventing states from undercutting protections for the youngest workers. But for the past several years, a constellation of business interests and right-wing groups have been proposing or enacting state child labor legislation—in Ohio, among other states—that conflicts with the FLSA with the eventual goal of eroding federal standards.
After years of pushing unsuccessfully to weaken work hours protections for 14–15-year-olds in Ohio, industry groups have partially succeeded with the help of State Senator Tim Schaffer. Just months after a public outcry led Governor Mike DeWine to veto similar child labor rollbacks in 2025, Schaffer revived the attack on child labor laws by sneaking an amendment into a broader bipartisan education bill. An unrelated amendment tacked onto the new law will allow employers to schedule 14–15-year-olds until 9 p.m. during the school year, though (unlike prior versions of the legislation) only on nights not preceding a school day. The change puts Ohio state law in conflict with long-standing federal child labor standards and allows employers to treat young teens more like adults for scheduling purposes, while saving on labor costs. In Ohio, employers can pay youth under 16 the federal minimum wage of $7.25, nearly $4 less than the regular state minimum wage of $11 an hour.
Industry-supported Ohio Senator snuck failed child labor rollback into bipartisan bill to force lawmakers’ support
In late 2025, Governor DeWine vetoed a standalone bill that would have extended the number of hours that employers can schedule 14–15-year-olds to work on any night during the school year—in violation of federal law—after advocates from a long list of child health and welfare, education, organized labor, and economic justice organizations publicly urged him to oppose it. In his veto message, DeWine acknowledged that existing work hour guidelines—providing young teens (under 16) opportunities to gain work experience “after school up to 7 p.m.”—have been “in place, across this country, for many years” and have “served us well” and “effectively balanced the importance of 14- and 15-year-old children learning to work, with the importance of them having time to study.”
But DeWine has now approved similar changes as part of a comprehensive, bipartisan education bill that received broad support, including from education and child advocates. State Senator Schaffer’s 11th-hour backdoor move to add previously vetoed child labor legislation to this year’s education bill was a desperate effort to force changes that have otherwise failed to pass muster, even in a Republican-controlled state legislature.
Federal child labor laws reflect decades of research about the harms of overwork
Allowing young teens to work more hours at night opens the door to problems ranging from poor academic outcomes to a greater chance of injury. Studies have consistently shown that intensive work at a young age is associated with poor academic outcomes; longer hours raise the risk of work-related illness and injury; and working later into the night exacerbates sleep deprivation that in turn can interfere with teens’ education and well-being. Allowing employers to schedule young teens to work until 9 p.m. also increases the likelihood of nighttime driving for new drivers (minors can be permitted to drive at age 15.5 in Ohio), an additional risk factor for accidents. Motor vehicle crashes are already the leading cause of death for teens and young adults, who are three times more likely than adults to die in a car accident.
For all these reasons, federal law limits the maximum number of working hours for young teens to three hours per night or 18 hours a week and prohibits work past 7 p.m. during the school year. Because states can legislate above FLSA standards but not below, the new state standards conflict directly with federal law.
The enacted rollback is less harmful than last year’s failed bill but still hurts children and violates federal law
While the bill DeWine vetoed in 2025 would have allowed employers to schedule 14-year-olds to work until 9 p.m. on any night during the school year, the bill he signed on Friday allows employers to schedule 14-year-olds to work until 9 p.m., only on nights not preceding a school day. However, this limitation on working hours during school nights does nothing to change overall concerns: that later and longer working hours during the school year threaten children’s well-being and education. The new state law also conflicts with federal law and will sow confusion. Employers who follow new state guidelines will be at high risk of violating the FLSA (which will continue to apply to most Ohio employers) and incurring fines and other enforcement actions from the U.S. Department of Labor. This is a lesson that employers have already learned the hard way in states like Iowa where the National Restaurant Association, NFIB, and others have pushed for similar child labor law changes that put state standards into conflict with federal law.
The outcome this year in Ohio provides a useful illustration of how corporate interests and dark money groups are conspiring to weaken labor standards in state legislatures across the country. Schaffer has championed multiple legislative efforts to roll back child labor protections in Ohio in coordination with industry groups that benefit from weaker standards and has even sought to erode federal child labor standards through a concurrent resolution calling on Congress to weaken the FLSA to match.
Schaffer has been clear about his intention to benefit employers, working closely with lobby groups like the billionaire-founded right-wing dark-money group Americans for Prosperity and state affiliates of industry lobby groups like the National Federation of Independent Business (NFIB) and National Restaurant Association. These organizations have fought at the state and federal level for unpopular child labor rollbacks, as well as blocking minimum wage increases, paid sick leave, and other policies that improve conditions for workers. Schaffer has received legislative awards or campaign endorsements from all three groups.
By repeatedly proposing—and in this case implementing—rollbacks that conflict with federal law, Ohio lawmakers are chipping away at the already fragile federal floor for workplace protections. Industry campaigns to weaken child labor laws are continuing, and there is a very real risk that federal child labor protections could face similar threats. In light of these threats, states should instead pursue policy options to strengthen standards and ensure that young teens who work can do so without harming themselves in the process.