Testimony to the Senate Education Committee on HB 455
Good morning Chair Brenner, Vice Chair Blessing, Ranking Member Ingram, and members of the Senate Education committee. My name is Heather Smith and I am a researcher with Policy Matters Ohio, a non-partisan nonprofit think tank. Thank you for the opportunity to testify.
I am writing today to encourage you to amend language in House Bill 455 regarding minor work hours to ensure Ohio is in compliance with the Fair Labor Standards Act.
Lines 16427 through 16430 in I_136_1709-6 extend working hours from 7 to 9pm for minors 14- to 15-years-old on nights not preceding a school day. The Fair Labor Standards Act § 570.35 restricts working hours for youth under 16 to 7 pm[1] and changing Ohio law would create confusion for businesses, youth, and parents on what is allowable under the law.
The dangers of deregulating youth labor laws are already evident in Iowa, where similar legislation last year led to confusion among employers, increased violations, and weakened enforcement. Iowa’s changes have created a legal minefield for businesses since federal law supersedes state law in this area. Iowa employers found themselves in violation of existing federal law, resulting in steep fines and reputational damage. One Subway franchisee was fined $73,000 for scheduling teens in accordance with Iowa’s new law.[2] Ohio businesses could rack up similar fines navigating the conflicting law between the state and the federal government.
In addition to non-compliance, this language was already vetoed by Governor DeWine via Senate Bill 50, with nearly 700 Ohioans signing our petition. Extending working hours for minors is not good for Ohio youth and Ohio businesses, especially when not in compliance with the FLSA.
While we do not support the addition of language extending minor work hours out of compliance with the FLSA, we do support the new language requiring a work hour notice form. Research has shown that requiring minor work permits improves compliance by increasing both employer and family awareness of the law.[3] We highly encourage this provision to be kept in the bill, with the amendment that the form must state the pre-emptive federal standards.If this bill passes as is and employers, parents, and minors receive forms with the language from lines 16427 through 16430 in I_136_1709-6, it is likely there will be an influx of labor law violations and civil monetary penalties.
In summary, the additions to H.B. 455 would put Ohio businesses out of compliance with the Fair Labor Standards Act and put those businesses at risk of racking up tens of thousands of dollars in fines. While the creation of a minor work hour notice form is a welcome addition to increase awareness of current labor law, the form ought to state the federal standards to ensure compliance. Thank you for your time.
[1] § 570.35 Hours of work and conditions of employment permitted for minors 14 and 15 years of age. Federal Register. May 20, 2010.
[2] Steep fines in Iowa set off state-federal showdown over child labor laws. Kevin Hardy. Stateline. July 23, 2024.
[3] New research reveals how work permits reduce child labor violations. Nina Mast, Ashish Kabra, and Fred (Jiacong) Bao. Economic Policy Institute. January 12, 2026.