The U.S. Department of Labor's enforcement resources have declined by 23 percent in the past 15 years. While at the same time, core enforcement responsibilities have surged due to the growing size and complexity of the workforce and the economy, and the promulgation of new laws and regulations. However, there have been virtually no increase in resources provided for the enforcement of laws and regulations. A 1996 survey of state labor departments found 26 states with ten or fewer compliance officers responsible for enforcing all labor laws in the state, including child labor. Twenty-six states also conducted fewer than 100 inspections of workplaces for child labor compliance in 1996.
Some states have no enforcement authority or have no penalty structure for violations.
In order to comply with the Convention, all states must ensure they have authority to assess civil money penalties for child labor violations. Moreover, penalties for child labor violations must be applied diligently and to the full maximum allowed under law. In light of declining resources, states and federal enforcement officers must coordinate their efforts to maximize their effectiveness. The major problem with respect to federal law, specifically the Fair Labor Standards Act, is agricultural labor. The FLSA allows broad categories of children to work in the agricultural sector to a degree that would conflict directly with the aims of the Convention.