Last month, a cleaning company was exposed for illegally employing over 100 children as young as 13 in dangerous jobs at meatpacking plants in eight states across the country – including at JBS Foods in Greeley, Colorado. 

Now, Colorado Democrats want to strengthen the state’s child labor protections with House Bill 1196. 

State law prohibits companies from hiring people under 18 for any job that involves hazardous materials or dangerous working conditions. Employers who violate the law are subject to fines but, if the bill is enacted, child workers injured on the job would also be able to sue their employers for additional damages. 

“It’s clear to me that Colorado’s child labor laws are not deterring some of the worst actors,” said bill sponsor Rep. Sheila Lieder, D-Littleton. “We need to make sure that minors are protected when they’re on the job and that all employers are taking seriously our child labor laws.” 

The bill passed the state House in a 44-18 vote on Monday, advancing to the Senate for further consideration. The vote was strictly along party lines, with all Democrats in support of the bill and all Republicans in opposition. 

Opponents argued that the bill would “pile more and more laws on top of small businesses” and said the risk of litigation would deter businesses from hiring minors at all. 

“This particular bill, if signed by the governor, could cause employers of all sizes to reduce the hiring of workers under the age of 18 for fear of facing additional legal action,” said Rep. Richard Holtorf, R-Akron. “I wouldn’t want to do anything to restrict that opportunity, but I’m afraid this bill will.” 

Leider said law-abiding businesses would have no reason to fear litigation from the bill, as it would only apply to companies that are both violating child labor laws and have a child worker who is injured on the job. Of the 102 children illegally employed in the recent meatpacking scandal, only three were injured and would have been eligible to sue if the bill was law and if they were in Colorado. 

Other critics raised concerns about the bill applying to underaged workers such as snow shovelers or babysitters, but Leider said those are permissible occupations for minors under state law and, therefore, do not count as child labor law violations. 

“Most Colorado businesses take child labor laws seriously and this legislation will not impact them at all. Who this legislation will impact are the bad actors who are intentionally violating the law and putting children at risk of injury,” Leider said. “It really comes down to whose side are you on: Business or our children?” 

This effort comes as, since 2018, the U.S. Department of Labor has seen a 69% increase in children illegally employed by companies nationwide. Minors are also more likely to be injured on the job, with one Massachusetts study finding teens at double the risk of suffering nonfatal injuries while working due to a lack of experience and training. 

The bill will next be sent to the Senate for another vote in the coming weeks. If passed, it will require final approval from the governor. 

If signed into law, the bill would go into effect in July and only apply to violations committed from that point on.