Iowa Gov. Kim Reynolds calls news conference to target federal child labor law enforcement

Gov. Kim Reynolds will hold a news conference Monday at a North Liberty restaurant to address recent U.S. Department of Labor enforcement of child labor laws in Iowa that her office says in a news release has resulted in "excessive penalties against Iowa businesses that employ teens."

Also scheduled to speak is Chad Simmons, owner of Sugapeach Chicken and Fish Fry, and Iowa Restaurant Association President and CEO Jessica Dunker.

When reached for comment on Friday, Simmons said he had been subject to a recent labor department inspection but declined to make any further comment.

Dunker was unavailable for comment, but previously has said Iowa restaurants are being targeted by the department, with some establishments facing the prospect of closing due to heavy fines for child labor infractions.

Kollin Crompton, a spokesman for the governor, declined to comment.

A 2023 Iowa law that Dunker pushed in the Legislature and Reynolds signed loosened state rules for child labor. It is at odds with federal regulations in a number of areas, including a provision allowing 14- and 15-year-olds to work as late as 9 p.m. on school nights and as late as 11 p.m. during the summer.

More: Businesses are caught in the middle of conflicting child labor laws. How do they vary?

Federal law specifies younger teens can work only until 7 p.m. during the school year and until 9 p.m. during the summer.

Labor department officials had warned lawmakers and the governor during the session that states could not have less-restrictive child labor laws than those on the federal books and that “the Department will continue to vigorously enforce child labor protections across the nation.”

Both Reynolds and Republican lawmakers have pointed out that other states changed child labor laws at the same time as Iowa and have questioned whether they are facing the same level of scrutiny.

The labor department has denied singling out Iowa. It previously confirmed to the Des Moines Register that it had taken enforcement action in Iowa, but said it was dealing with violations nationwide.

“While we have done several investigations resulting in child labor violations in Iowa, this problem is not unique to the state," it said in a prepared statement. "The same violations are occurring nationwide, and we are doing everything we can to find violators and stop them.”

Gap between state, federal laws leaves Iowa restaurant owners vulnerable

The discrepancy between the state and federal laws has caused confusion and consternation for some Iowa restaurant owners.

Michelle Cox, a Subway owner in Maquoketa, told the Register earlier in June that she employed teens and “followed the state law to the letter because that’s what I thought I was supposed to do.” Now, she said, she faces potentially thousands of dollars in fines following a labor department inspection, and worries she may lose her business.

Dunker's Iowa Restaurant Association, warned its members earlier this month that “the U.S. Department of Labor is out in full force across the state. They are taking massive punitive action against Iowa restaurants who are following the new state youth employment hours instead of the federal regulation on hours. THEY DO NOT RECOGNIZE OUR NEW STATE LAW. We are encouraging people to revert to federal work hours for teens under age 16 at this time.”

On its website, the Iowa Division of Labor, the state agency responsible for enforcing Iowa's child labor laws, lists the state law changes that went into effect July 1, 2023, regarding the hours that 14- and 15-year-olds could work, but at the bottom of the page states, “Employers are subject to both state and federal child labor laws and, when there are differences, must follow the law that gives the most protection.”

Kevin Baskins covers jobs and the economy for the Des Moines Register. Reach him at kbaskins@registermedia.com.

This article originally appeared on Des Moines Register: Federal child labor law enforcement 'excessive,' Reynolds says