Bill
SJ 1
If ratified, the Federal Child Labor Amendment would give Congress power to limit, regulate, and prohibit labor of persons under eighteen nationwide, potentially superseding state
Status snapshot
- Bill number: SJ 1 (Finance) — introduced January 8, 2025 (pre‑filed Sept 12, 2024).
- Hearing: January 22, 2025, 3:45 p.m.
- Legislative actions: Adopted by both Senate and House (January 8, 2025); subsequent enrolling, concurrence, and presiding‑officer signatures completed in spring 2025; filed with the Secretary of State on May 5, 2025.
- Classification: Joint resolution (ratification of a proposed U.S. Constitutional amendment).
Purpose and intent
SJ 1 ratifies the “Federal Child Labor Amendment,” originally proposed by U.S. House Joint Resolution 184 (June 2, 1924). The amendment would give the U.S. Congress explicit constitutional authority to “limit, regulate, and prohibit the labor of persons under eighteen years of age.” Maryland’s resolution expresses the General Assembly’s intent to correct its earlier 1927 rejection by formally ratifying that 1924 proposal.
Text being ratified (key elements)
- Section 1: “The Congress shall have power to limit, regulate, and prohibit the labor of persons under eighteen years of age.”
- Section 2: Preserves state police powers generally, but provides that state law operation is suspended “to the extent necessary to give effect to legislation enacted by the Congress.”
Current legal context and effect if fully ratified
- The amendment has not been added to the U.S. Constitution because Congress set no ratification deadline and only 28 states had ratified by 1937 — short of the three‑quarters required. Ten additional state ratifications are now needed.
- If the amendment becomes part of the Constitution, Congress would have clear authority to enact national limits on minors’ employment; such federal law would preempt state rules to the extent necessary to implement federal standards. That could change the balance between federal and state child‑labor protections.
Maryland specifics and existing law
- Federal baseline: Fair Labor Standards Act (FLSA) currently sets many national child‑labor protections (e.g., minimum ages, hours limits, prohibition of hazardous work under 18).
- Maryland law: minors under 14 generally may not be employed; ages 14–17 generally require work permits; certain hazardous occupations and hour/time limits apply; special permits available for entertainers/models. Penalties for violations include fines (up to $1,000 for interference/false info; up to $10,000 for knowingly employing minors in violation) and possible imprisonment.
Fiscal and stakeholder impact
- Fiscal note: SJ 1 itself has no direct State fiscal effect because the amendment is not yet part of the Constitution. If the amendment is ultimately ratified and implemented by Congress, future federal legislation or litigation could affect Maryland’s regulatory authority and result in fiscal or administrative impacts.
- Affected parties if ratified: minors under 18, employers, Maryland Department of Labor and industry enforcement, and potentially local governments insofar as state law interaction changes. No immediate local or small‑business fiscal effects are projected by the fiscal note.
Other procedural/administrative actions
- SJ 1 directs the Department of Legislative Services to forward copies of Maryland’s ratification to the U.S. President, Vice President (President of the Senate), U.S. Archivist (National Archives), Maryland’s congressional delegation, and the presiding officers of other state legislatures for circulation.
Compiled from official sources — confirm details with the bill’s official record.
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