The U.S. Department of Labor has taken action against Tuff Torq Corp., a Tennessee manufacturer that employs minors. While operating its business to make outdoor power equipment components, this Morristown-based corporation engaged in an employment practice deemed illegal under federal child labor laws. Now, they will have to face a hefty penalty.
(Photo : Unsplash/ Ehteshamul Haque Adit)
Cracking Down on Illegal Child Employment
On March 22, 2024, the Department of Labor's Wage and Hour Division concluded an extensive investigation. Following the investigation, legal action was taken. A federal consent judgment was entered in the U.S. District Court in the Eastern District of Tennessee at Greeneville.
The judgment has some demands. It asks Tuff Torq Corp to stop the illegal employment of minors and comply with all child labor laws. This is expected from them going forward. The manufacturer must also pay. They've been charged a $296,951 penalty for their unlawful employment practices.
How Many Children Were Put at Risk?
The Wage and Hour Division probe began months prior, culminating in a decisive visit on January 23, 2024. Inspectors found clear evidence of a violation when they witnessed a minor operating a power-driven hoisting apparatus deemed dangerous for workers under 18. This discovery led to the immediate application of the Fair Labor Standards Act's "hot goods" provision, barring Tuff Torq from shipping goods produced with oppressive child labor.
The investigation has so far identified that ten children were subjected to such oppressive child labor by Tuff Torq Corp.
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What Are the Financial Consequences for Tuff Torq Corp?
In addition to the substantial civil penalty, Tuff Torq Corp has agreed to forfeit profit gains from the period of unlawful employment. The company is ordered to set aside $1.5 million, representing 30 days of profits linked to the use of child labor. These proceeds will directly benefit the children illegally employed by the company.
Employing Minors Unlawfully: What Are the Stipulations for Tuff Torq Corp?
To rectify its illegal employment of minors, Tuff Torq Corp is bound by the terms of the consent judgment to make significant changes to its operations. Among these, they must:
- Engage a community-based organization for regular training of staff, managers, and contractors on compliance
- Establish an anonymous tip line to report child labor and other suspected FLSA violations
- Permit unannounced, warrantless searches of its facility for three years
- Cease contracts with staffing agencies or other contractors found to have child labor violations
Preventing Future Child Labor Violations
The Department of Labor's message is clear: exploiting children through illegal labor will not be tolerated. The hefty financial consequences and strict oversight are intended to prevent further violations at Tuff Torq Corp and serve as a stern warning to all employers.
This case reinforces a growing concern over the increase in child labor violations. Jessica Looman, administrator of the Wage and Hour Division, emphasized that even one child working in a hazardous environment is unacceptable. The Division remains committed to ensuring employers adhere to child labor laws.
What Does This Mean for Tuff Torq and Other Employers?
Solicitor of Labor Seema Nanda stated that the consent decree holds Tuff Torq accountable while dissuading future violations and emphasizing rehabilitation and compensation for victims. This agreement is part of the broader enforcement strategy to protect children and maintain fair labor practices.
In fiscal year 2023, the Department investigated 955 cases of child labor violations involving 5,792 children. The Department is unwavering in its resolve to safeguard the welfare of minors in the workplace, as evidenced by over $8 million assessed in civil penalties against employers for these violations.
Nationwide Concern for Child Labor Regulations
The U.S. Department of Labor remains vigilant in enforcing child labor regulations. The Wage and Hour Division strives to ensure that jobs deemed dangerous and prohibited for workers under 18 do not involve minors.
The actions taken against Tuff Torq Corp reaffirm the Department's commitment to labor law compliance and protecting young workers. Employers nationwide are being monitored, and those who choose to defy labor standards will face similar enforcement actions.
Providing Support and Assistance
The Department extends its support to all individuals, regardless of background, offering confidential compliance assistance. This shows the Department's commitment. They focus on lawful employment practices. They also protect workers' rights. This applies across the United States.
Through these measures, the U.S. Department of Labor aims to build a safer and more compliant work environment for all, especially children who are most vulnerable to illegal labor practices.
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