SB 3646 modernizes the state's child labor law and provides new tools to protect minors

CHICAGO - Governor JB Pritzker today signed into law Senate Bill 3646, the Child Labor Law of 2024, which updates child labor regulations to the 21st century by repealing the existing statute and replacing it with a modern framework.

"While neighboring states weaken their child labor laws, in Illinois we're modernizing our regulatory framework to further protect minors from unscrupulous employers," said Governor JB Pritzker. "Minors should be able to experience safe, age-appropriate work in an educational setting, and I'm proud of the added protections my administration and the General Assembly advanced through this bill."

SB 3646 is intended to provide a structure for minors to engage in safe, age-appropriate work, while protecting their health and access to education. The bill sets standards for working conditions for children aged 15 and younger, including limiting hours of work and updating the list of jobs that minors cannot hold. The Illinois Child Labor Law has long required school officials to review a minor's work opportunity and, with the permission of the minor's parent or guardian, issue an employment certificate to the minor before they can lawfully work.

"My office will continue to work with the Illinois Department of Labor to protect minors from exploitation and from dangerous working conditions," said Attorney General Kwame Raoul. "I will use all tools available to ensure minors are not subjected to unlawful labor practices."

The bill updates the school certification process by:

- Requiring the issuing officer to consider the "health, welfare, and education" of the minor when assessing an employment certificate application, including consideration of past reports of death/injury of a minor at that workplace.

- Requiring that a minor's work permit include the minor's school schedule.

- Clarifying the certification process for minors who are experiencing homelessness or who do not have a birth certificate.

SB 3646 also provides the Illinois Department of Labor (IDOL) with new tools to enforce the law and protect youth workers. To deter egregious violations, the bill updates penalty amounts and adds a multiplier in cases of a minor's death, injury, or illness. Additionally, employers will now be required to report to the minor's school if they are injured or killed at work.

"Updating child labor laws is essential as industries and technology evolve," said State Senator Robert Peters (D-Chicago). "I'm grateful for the support from the labor sector and the incredible efforts they've put into modernizing our laws. This overhaul of the Illinois Child Labor Law shows the value we place on young people in the workforce by supporting their economic growth, prioritizing their education, and ensuring their safety and protection."

"Our children deserve robust protections if they take part in Illinois' workforce," said Rep. Barbara Hernandez (D-Aurora). "Exploitation and abuse are the inevitable consequences if safeguards aren't in place. By keeping children safe, we can ensure their continued contributions to their communities and to the future of Illinois."

"Youth workers are among the most vulnerable in the Illinois workforce," said Illinois Department of Labor Director Jane Flanagan. "These updated, robust, and thorough rules will help protect child workers from dangerous jobs and exploitation in the workplace. They also promote enforcement by prohibiting retaliation against individuals who report child labor situations that may be unsafe or illegal."

"Our laws ensure that students can learn valuable lessons from working, while keeping their education the number one priority," said State Superintendent of Education Dr. Tony Sanders. "I applaud lawmakers for ensuring that work permits take students' school schedules into consideration, balancing their educational and financial needs. These updates to Illinois' Child Labor Laws preserve students' ability to gain valuable work experience while protecting their access to education, which is the true gateway to a successful future."

"As neighboring states roll back child labor protections and enact laws that exploit our youngest workers, we are thankful that Governor Pritzker and the Illinois Department of Labor are standing strong to ensure young workers are protected on the job," said Illinois AFL-CIO President Tim Drea. "When states allow children as young as 14 to be put in hazardous environments and work nearly full time in industrial settings during the school year, we know that comes at the cost of that young person's future. This legislation is taking a significant step forward to ensure Illinois' child labor laws balance both the educational and financial needs of young workers in the 21st century."

"As we continue to experience a tight labor market that puts power in the hands of working people, we are seeing a worrying increase in the unlawful exploitation of child labor across the state, a trend which is being codified in some of our neighboring states as a rollback of child labor protections," said Executive Director of the Chicago Workers Collaborative Jose Frausto. "We applaud the Illinois Department of Labor as well as Governor Pritzker and our legislative leaders, including Senator Peters and Leader Barbara Hernandez, for working to modernize our Illinois child labor law to ensure that children in Illinois are protected from predatory and unscrupulous employers who would put them in harm's way. We look forward to continuing to work with the Illinois Department of Labor, along with other state agencies, to help ensure this law is evenly applied across the state and that no children are falling through the cracks."

"At a time when child labor violations are on the rise and standards in many states are under attack, Illinois is showing important leadership with decisive action to strengthen and modernize its child labor laws," said Economic Policy Institute Policy and Economic Analyst Nina Mast. "SB 3646's updates to youth work permits and hazardous work orders and improvements to civil and criminal penalties will help prevent violations and strengthen the state's ability to keep children safe on the job. With SB 3646, Illinois is standing on the side of young workers and their families by ensuring youth can access safe, age-appropriate work opportunities while prioritizing their education and development."

SB 3646 is effective January 1, 2025.