Department of Labor’s child labor cases remain tied up in court – Alabama Political Reporter

Sustainable Development Goals (SDGs) and Child Labor Lawsuits

Introduction

In May, the U.S. Department of Labor filed lawsuits against Mar-Jac Poultry of Alabama and Hyundai Motor Manufacturing Alabama, accusing the companies of utilizing “oppressive child labor” and violating the Fair Labor Standards Act.

Current Status of the Lawsuits

Five months later, both cases are still working their way through the court system, with Hyundai and Mar-Jac Poultry attempting to dismiss the claims with varying degrees of success. However, the cases rely on ambitious interpretations of the FLSA, which may falter under judicial scrutiny.

Judge’s Skepticism

While denying a request for a preliminary injunction against Mar-Jac Poultry in July, Judge L. Scott Coogler expressed skepticism of the Department of Labor’s case, criticizing their proposed “appearance and mannerisms” test and questioning whether the children involved were actually engaged in prohibited activity.

Counterclaims and Dismissal

Mar-Jac Poultry responded to the initial claim with a counterclaim seeking compensation for alleged damages. However, the Department of Labor moved to dismiss Mar-Jac’s counterclaims, arguing that the company didn’t have the legal right to file them. The court eventually dismissed the counterclaim in mid-November.

Case Against Hyundai Motor Manufacturing Alabama

The case against Hyundai Motor Manufacturing Alabama, LLC; SMART Alabama, LLC; and Best Practice Service, LLC has also stalled as the companies repeatedly seek to dismiss it entirely. The first round of motions to dismiss was rendered moot after the Department of Labor amended its complaint in September.

Amended Complaint and Legal Claims

The amended complaint focuses on a 13-year-old girl who worked long hours at SMART’s facility in Luverne. The underage employee was only identified as such after an investigation triggered an AMBER alert. Hyundai Motor Manufacturing Alabama’s motion to dismiss criticizes the complaint’s lack of “sufficient likelihood of future injury” and “vague, unspecified allegations.” The companies have also claimed that the acting secretary of labor’s service is unconstitutional.

Response from the Department of Labor

The Department of Labor responded to the new motions to dismiss, emphasizing that the responsibility for the child labor violation is being denied by the defendants in the case.

Uncertainty and Potential Dismissal

The fate of both cases after the presidential transition remains unclear. With a new acting secretary of labor likely to be appointed, it is possible that both cases could be voluntarily dismissed at the start of next year.

Sustainable Development Goals (SDGs)

The Sustainable Development Goals (SDGs) aim to promote decent work for all and eliminate child labor. These lawsuits highlight the importance of enforcing labor laws and protecting the rights of children, aligning with SDG 8: Decent Work and Economic Growth, and SDG 4: Quality Education.

SDGs, Targets, and Indicators Analysis

1. Which SDGs are addressed or connected to the issues highlighted in the article?

• SDG 8: Decent Work and Economic Growth
• SDG 4: Quality Education
• SDG 16: Peace, Justice, and Strong Institutions

The issues highlighted in the article are related to child labor, fair labor standards, and the legal actions taken by the U.S. Department of Labor against companies accused of utilizing oppressive child labor. These issues are directly connected to SDG 8, which aims to promote sustained, inclusive, and sustainable economic growth, full and productive employment, and decent work for all. Additionally, SDG 4, which focuses on ensuring inclusive and equitable quality education and promoting lifelong learning opportunities for all, is relevant as child labor deprives children of their right to education. Lastly, SDG 16, which aims to promote peaceful and inclusive societies for sustainable development, provide access to justice for all, and build effective, accountable, and inclusive institutions at all levels, is connected to the legal actions taken by the Department of Labor to address violations of fair labor standards.

2. What specific targets under those SDGs can be identified based on the article’s content?

• Target 8.7: Take immediate and effective measures to eradicate forced labor, end modern slavery and human trafficking, and secure the prohibition and elimination of the worst forms of child labor.
• Target 4.1: By 2030, ensure that all girls and boys complete free, equitable, and quality primary and secondary education leading to relevant and effective learning outcomes.
• Target 16.3: Promote the rule of law at the national and international levels and ensure equal access to justice for all.

The specific targets identified based on the article’s content are directly related to the issues of child labor and fair labor standards. Target 8.7 focuses on eradicating forced labor, modern slavery, human trafficking, and the worst forms of child labor. Target 4.1 aims to ensure that all children, including those engaged in child labor, have access to free, equitable, and quality education. Target 16.3 emphasizes promoting the rule of law and ensuring equal access to justice for all, which is relevant to the legal actions taken against the companies accused of utilizing oppressive child labor.

3. Are there any indicators mentioned or implied in the article that can be used to measure progress towards the identified targets?

• Indicator 8.7.1: Proportion and number of children aged 5-17 years engaged in child labor, by sex and age group.
• Indicator 4.1.1: Proportion of children and young people (a) in grades 2/3; (b) at the end of primary; and (c) at the end of lower secondary achieving at least a minimum proficiency level in (i) reading and (ii) mathematics, by sex.
• Indicator 16.3.1: Proportion of victims of violence in the previous 12 months who reported their victimization to competent authorities or other officially recognized mechanisms.

The article does not explicitly mention any indicators. However, based on the identified targets, relevant indicators can be used to measure progress towards those targets. Indicator 8.7.1 measures the proportion and number of children engaged in child labor, which is essential for tracking progress in eradicating the worst forms of child labor. Indicator 4.1.1 measures the proficiency level of children and young people in reading and mathematics, providing insights into the quality of education and learning outcomes. Indicator 16.3.1 measures the proportion of victims of violence who report their victimization to competent authorities, reflecting the effectiveness of access to justice mechanisms.

4. Table: SDGs, Targets, and Indicators

Source: alreporter.com