Arkansas Child Labor Rules Amended for Legislative Changes
Summary
The Arkansas Department of Labor and Licensing proposes amendments to child labor rules to comply with recent legislative changes. Key changes include repealing employment certificate rules, enhancing civil penalties, and updating hazardous employment exemptions.
What changed
The Arkansas Department of Labor and Licensing has proposed amendments to its administrative rules regarding child labor, primarily to align with changes enacted during the 2023 legislative session. Specifically, the amendments will repeal rules related to child labor employment certificates, as mandated by Act 195 of 2023. Additionally, Act 687 of 2023 necessitates changes to enhance civil penalties for child labor violations and extend the statute of limitations for pursuing these penalties from two to three years. The proposed changes also include updates to exemptions from hazardous employment prohibitions and minor grammatical and stylistic revisions.
These proposed amendments signal a shift in Arkansas's child labor regulatory landscape, particularly concerning enforcement and penalties. Employers operating in Arkansas should review the updated rules once finalized to ensure compliance with the revised requirements, especially regarding the elimination of employment certificates and the increased potential for civil penalties. While a specific compliance deadline is not yet set, the enhancement of penalties and the extended timeframe for enforcement mean that violations could carry greater financial consequences. The department is seeking public input on these proposed changes, indicating a consultation period may follow.
What to do next
- Review proposed amendments to Arkansas child labor rules for compliance implications.
- Prepare for potential repeal of child labor employment certificate requirements.
- Assess increased risk and potential penalties associated with child labor violations.
Penalties
Enhanced civil penalties and extended time to pursue civil penalties (from two to three years) for child labor violations.
Source document (simplified)
SUMMARY OF PROPOSED AMENDMENTS TO THE ADMINISTRATIVE RULES REGARDING CHILD LABOR DEPARTMENT OF LABOR AND LICENSING July 7, 2023 The purpose and necessity of the proposed amendment is to: 1) comply with changes from the 2023 legislative session; and 2) make grammatical and stylistic changes. The proposed amendments would accomplish the following: 1) Amend the rules to comply with Act 195 of 2023 to repeal the child labor employment certificate rules; 2) Amend the rules to comply with Act 687 of 2023 to enhance civil penalties and increase the time to pursue civil penalties from two (2) to three (3) years for child labor violations; 3) Update certain exemptions to the hazardous employment prohibition; and 4) Make grammatical and stylistic changes to conform with the BLR drafting manual and the format for the Code of Arkansas Rules.
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