Industrial Violence and the Legal Origins of Child Labor challenges existing understandings of child labor by tracing how law altered the meanings of work for young people in the United States between the Revolution and the Great Depression. Rather than locating these shifts in statutory reform or economic development, it finds the origin in litigations that occurred in the wake of industrial accidents incurred by young workers. Drawing on archival case records from the Appalachian South between the 1880s and the 1920s, the book argues that young workers and their families envisioned an industrial childhood that rested on negotiating safe workplaces, a vision at odds with child labor reform. Local court battles over industrial violence confronted working people with a legal language of childhood incapacity and slowly moved them to accept the lexicon of child labor. In this way, the law fashioned the broad social relations of modern industrial childhood.

This book challenges understandings of child labor by tracing how law altered the meanings of work for young people in the United States.

The history of child labour in America is long and, in some cases, unsavoury. It dates back to the founding of the United States. Traditionally, most children, except for the privileged few, had always worked -- either for their parents or for an outside employer. Through the years, child labour practices have changed -- and so have the benefits and risks associated with employment of children. In some respects, altered workplace technology has served to make work easier and less hazardous. At the same time, some processes and equipment have rendered the workplace more dangerous -- especially for the very young. Child labour first became a federal legislative issue at least as far back as 1906 with the introduction of the Beveridge proposal for regulation of the types of work in which children might be engaged. Although the 1906 legislation was not adopted, it led to extended study of the conditions under which children were employed or allowed to work and to a series of legislative proposals -- some approved, others defeated or overturned by the courts -- culminating in the Fair Labor Standards Act (FLSA) of 1938. The latter statute, amended periodically, remains the primary federal law dealing with the employment of children. Although providing a framework for regulation of child labour (and, in some cases, forbidding it entirely), the FLSA is not comprehensive, nor does it deal with all employment of children in precisely the same way. Generally speaking, work by young persons (under 18 years of age) in mines and factories is not allowed. What other types of work may be suitable (or especially hazardous) for persons under 18 years of age has been left to the discretion of the Secretary of Labour. Some types of work -- for example, some newspaper sales and delivery, theatrical (and related) employment -- fall beyond the scope of FLSA child labour requirements. Finally, a distinction has been made between employment in non-agricultural fields and in agriculture -- and, in the latter case, between work for a parent or guardian in an agricultural setting and commercial employment. This book sketches the early history of child labour regulation and reviews certain recent federal initiatives in that area and discusses child labour legislation.

Child labor law strikes most Americans as a fixture of the country’s legal landscape, involving issues settled in the distant past. But these laws, however self-evidently sensible they might seem, were the product of deeply divisive legal debates stretching over the past century—and even now are subject to constitutional challenges. Child Labor in America tells the story of that historic legal struggle. The book offers the first full account of child labor law in America—from the earliest state regulations to the most recent important Supreme Court decisions and the latest contemporary attacks on existing laws. Children had worked in America from the time the first settlers arrived on its shores, but public attitudes about working children underwent dramatic changes along with the nation’s economy and culture. A close look at the origins of oppressive child labor clarifies these changing attitudes, providing context for the hard-won legal reforms that followed. Author John A. Fliter describes early attempts to regulate working children, beginning with haphazard and flawed state-level efforts in the 1840s and continuing in limited and ineffective ways as a consensus about the evils of child labor started to build. In the Progressive Era, the issue finally became a matter of national concern, resulting in several laws, four major Supreme Court decisions, an unsuccessful Child Labor Amendment, and the landmark Fair Labor Standards Act of 1938. Fliter offers a detailed overview of these events, introducing key figures, interest groups, and government officials on both sides of the debates and incorporating the latest legal and political science research on child labor reform. Unprecedented in its scope and depth, his work provides critical insight into the role child labor has played in the nation’s social, political, and legal development.

Despite its decline throughout the advanced industrial nations, child labor remains one of the major social, political, and economic concerns of modern history, as witnessed by the many high-profile stories on child labor and sweatshops in the media today. This work considers the issue in three parts. The first section discusses child labor as a social and economic problem in America from an historical and theoretical perspective. The second part presents child labor as National Child Labor Committee investigators found it in major American industries and occupations, including coal mines, cotton textile mills, and sweatshops in the early 1900s. Finally, the concluding section integrates these findings and attempts to apply them to child labor problems in America and the rest of the world today.

Traces the history of laws that were passed during the early twentieth century to end the exploitation of child laborers that had been widespread since the beginning of the industrial revolution.