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‘Oppressive child labor’: DOL fines manufacturer for illegally employing migrant children to ‘operate dangerous machinery’

The U.S. Department of Labor on Monday fined a Tennessee manufacturer nearly $2 million for “employing children to operate dangerous equipment” and “requiring them to work longer hours than allowed by law.” press release This was revealed by his agency.

A Department of Labor investigation found that 10 children were subjected to “oppressive child labor” at the Tuff Torque factory in Morristown. This manufacturer makes outdoor power equipment components for several companies, including John Deere, Toro, and Yamaha.

According to the facility, the children who worked at the facility were 14-year-old immigrants. NBC News.

The DOL’s Wage and Hour Division said the children were working in “hazardous” positions at the facility.

“Department investigators began their investigation several months ago, but on January 23, 2024, they returned to the Tuff Torque facility and observed a child operating a power-driven hoist and engaging in illegal activity. “We have obtained clear evidence that this is an occupation prohibited by law to workers aged 18 years,” the ministry’s press release said. “As a result, the Department has suspended the shipment of goods from the Morristown facility, citing the ‘hot goods’ provisions of the Fair Labor Standards Act, which prevents employers from shipping goods produced with oppressive child labor. I objected.”

Tough Torque was ordered to pay a civil penalty of $296,951 and to “accumulate $1.5 million in 30-day profit forfeitures related to the use of child labor.”

“Proceeds paid by Tuftorque will be used to benefit illegally employed children,” the DOL said.

In addition to paying civil penalties, manufacturers must provide employee training, establish a child labor reporting hotline, allow three years of “unannounced warrantless searches,” and shut down staffing companies with child labor violations. They also agreed to avoid using it.

Wage and Hour Division Administrator Jessica Luman asserted, “Even one child working in a dangerous environment is one too many.”

“Over the past year, we have seen an alarming increase in child labor violations, and these violations put children at risk. With this agreement, we will ensure that Tuff Torque is committed to stopping the illegal employment of children. “We will take immediate and significant action to ensure that children fail to meet their obligations. If they fail to meet their obligations, we will hold them accountable and act swiftly to protect our children,” she said. .

Labor lawyer Seema Nanda believes the DOL’s agreement with Tuff Torque will hold manufacturers accountable and deter future child labor violations.

“This agreement puts into practice what we have said for years: The Department will not tolerate companies that profit from the exploitation of children illegally employed in dangerous jobs. Torque has agreed to deprive us of benefits, and it is in the children’s interest. This is in the children’s interest.” Putting children at risk at work is not only illegal, it is a serious It sends a clear message that there will be economic consequences as well,” Nanda said.

Tuff Torque’s legal representative, Ryan Potts, said the children illegally working at the facility were temporary workers not directly employed by the manufacturer, NBC News reported. The company said the children provided false identification to a third-party staffing agency.

Tuff Torque is “transitioning” away from partnering with staffing agencies, Potts explained.

“Tuff Torq values ​​fair labor practices and is dedicated to ensuring that our products and services are produced under ethical conditions, and Tuff Torq maintains relevant training and compliance programs. We’re stepping it up even more,” Potts told NBC News. “We also actively work with our suppliers to reinforce our expectations regarding ethical labor practices and help them implement our latest policies.”

In fiscal year 2023, the DOL investigated 955 child labor violations involving 5,792 children.

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