Tennessee Manufacturer Penalized for Child Labor Violations: US Department of Labor Takes Swift Action

The U.S. Department of Labor (DOL) has intervened following an investigation into child labor violations at a Morristown manufacturing facility operated by Tuff Torq Corp., a leading manufacturer of outdoor power equipment components. The investigation, conducted by the Department's Wage and Hour Division, revealed troubling instances of child labor within the facility. However, it has been clarified that these violations involved temporary workforce employees provided by a staffing agency, rather than individuals directly hired by Tuff Torq.

The DOL’s investigation, initiated on January 23, 2024, uncovered instances of minors being subjected to hazardous working conditions at the Tuff Torq facility. Investigators discovered a child operating machinery prohibited for individuals under the age of 18, leading to swift action from authorities.

However, it is important to note that these temporary workforce employees, who were at the center of the child labor violations, were placed at Tuff Torq by a third-party staffing agency. These individuals reportedly used fake names and credentials during the hiring process with the agency, complicating the verification of their eligibility to work. Tuff Torq has emphasized that it did not directly hire or employ these individuals.

Consent Decree and Tuff Torq's Response

On March 22, 2024, Tuff Torq entered into a consent decree with the DOL, acknowledging the violations of the Fair Labor Standards Act (FLSA). As part of the settlement, Tuff Torq has been ordered to cease any further employment of minors in hazardous roles and to pay a civil money penalty of $296,951. Additionally, the company has set aside $1.5 million in disgorged profits accrued over a 30-day period, which will benefit the children who were unlawfully employed.

Tuff Torq has expressed its commitment to ethical labor practices and has taken steps to strengthen its training and compliance programs. A spokesperson for the company stated:

“Tuff Torq is dedicated to ensuring that our products and services are produced under ethical conditions, with a strong emphasis on fair labor practices. We are further strengthening our relevant training and compliance programs. Additionally, we are actively engaging with our suppliers to reinforce our expectations regarding ethical labor practices and collaborating with them on implementing our updated policies.”

Provisions and Future Compliance Measures

The consent decree includes several stringent provisions to ensure ongoing compliance with child labor laws. These measures include mandatory training for staff, managers, and contractors, the establishment of an anonymous tip line for reporting violations, and the allowance of unannounced searches of the facility to verify adherence to labor standards.

Jessica Looman, Administrator of the Wage and Hour Division, emphasized the importance of addressing such violations, stating, "Even one child working in a dangerous environment is too many." The Department’s proactive stance aims to ensure that Tuff Torq takes immediate and substantial measures to rectify its practices and prevent further harm to children.

Solicitor of Labor Seema Nanda also underscored the significance of the consent decree, noting that it holds Tuff Torq accountable while reinforcing the DOL's commitment to protecting vulnerable workers. The agreement serves as a clear message that the exploitation of children in the workplace will not be tolerated.

As Tuff Torq navigates the aftermath of this investigation, the company is focused on reinforcing its compliance efforts and working closely with its suppliers to ensure that all labor practices meet the highest ethical standards. This case serves as a reminder of the critical role of regulatory agencies in enforcing labor laws and the necessity for all companies, including those working with third-party agencies, to maintain rigorous oversight of their labor practices.

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