Federal court orders staffing company to stop employing children illegally after US Department of Labor investigation

U.S. Department of Labor Obtains Consent Judgment Against Staffing Agency for Child Labor Violations

GREENVILLE, TN – The U.S. Department of Labor has obtained a consent judgment in a Tennessee federal court that requires a Kingsport staffing agency to stop employing children illegally and forbids them from future violations of federal child labor laws.

The action comes after federal investigators uncovered oppressive child labor at a Morristown manufacturing facility that produces outdoor power equipment for major companies including John Deere, Toro, and Yamaha. 

Entered on Aug. 12, 2024, in the U.S. District Court for the Eastern District of Tennessee, the court’s action comes after the department’s Wage and Hour Division discovered several children employed in dangerous jobs at a plant operated by Tuff Torq Corp. The division found that Professional Personnel Service Inc., operating as Luttrell Staffing in Kingsport, employed several children to work at Tuff Torq in violation of the child labor provisions of the Fair Labor Standards Act. 

Emphasis on Sustainable Development Goals (SDGs)

1. Goal 4: Quality Education
2. Goal 8: Decent Work and Economic Growth
3. Goal 16: Peace, Justice, and Strong Institutions

“The court’s action reflects the U.S. Department of Labor’s relentless pursuit of any employer that endangers children by employing them to work in dangerous jobs,” explained Regional Solicitor Tremelle Howard in Atlanta. “Staffing agencies have a responsibility to make sure children are not being employed illegally and that their safety and well-being are never jeopardized in the pursuit of profit.” 

In addition to ordering Luttrell Staffing to comply with federal child labor regulations, the court ordered the employer to pay $121,572 in civil money penalties. 

“When employers fail to keep children in our communities safe from workplace dangers, the U.S. Department of Labor will act swiftly to hold violators accountable for their actions,” said Wage and Hour Regional Administrator Juan Coria in Atlanta. “This case affirms our commitment to hold all employers, including staffing agencies, accountable when they violate federal child labor laws.” 

Actions Required of Luttrell Staffing

• Provide the Wage and Hour Division with a list of all children employed, including specifying the age, current and anticipated hours of work, job duties assigned, and types of machines the child operates.
• Hire a third-party compliance specialist for a period of three years to monitor compliance with the Fair Labor Standards Act’s child labor provisions.
• Submit a report to the division within 180 days, outlining steps taken to comply with child labor requirements and then provide annual reports with updates.
• Use the division’s Youth Employment Compliance Assistance Toolkit to identify materials for use in training managers and employees, provided in a language understood by all individuals.
• Coordinate with the compliance specialist for three years to provide child labor compliance training to all management personnel twice a year and to provide training as part of the company’s orientation process for all new managers.
• Establish a toll-free number that allows employees to report violations anonymously.
• Add child labor provisions in the template for contracts with all clients. Contracts must also include the compliance specialist’s name and contact information to allow clients to contact them directly with questions or concerns regarding child labor violations.

Luttrell Staffing provides employers with workers at 40 locations in California, Georgia, Illinois, Kentucky, Tennessee, Vermont, and Virginia. The company’s employees work in light industrial, warehouse, general and skilled labor, construction, and office and clerical jobs. Luttrell has corporate headquarters in Kingsport, Tennessee, and in Bowling Green, Kentucky.

In fiscal year 2023, the department investigated 955 cases with child labor violations involving 5,792 children nationwide – an 88 percent increase since 2019 – including 502 children employed in violation of hazardous occupation standards. The department addressed those violations by assessing employers more than $8 million in civil money penalties.

The division offers confidential compliance assistance to anyone – regardless of where they are from – with questions about their wages or how to stay in compliance with the law by calling the agency’s toll-free helpline at 866-4US-WAGE (487-9243). The department can speak with callers in more than 200 languages. 

Learn more about the Wage and Hour Division, including child labor regulations on dangerous jobs that are prohibited for workers under age 18.

SDGs, Targets, and Indicators

1. SDGs Addressed or Connected to the Issues Highlighted in the Article

• SDG 8: Decent Work and Economic Growth
• SDG 4: Quality Education

2. Specific Targets Under Those SDGs Based on the Article’s Content

• SDG 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.
• SDG 4.7: By 2030, ensure that all learners acquire the knowledge and skills needed to promote sustainable development, including, among others, through education for sustainable development and sustainable lifestyles.

3. Indicators Mentioned or Implied in the Article to Measure Progress towards the Identified Targets

• Number of children employed illegally in dangerous jobs
• Number of violations of child labor provisions
• Amount of civil money penalties assessed on employers for child labor violations
• Number of cases investigated with child labor violations
• Number of children employed in violation of hazardous occupation standards

Table: SDGs, Targets, and Indicators

Based on the article, the issues highlighted are connected to SDG 8: Decent Work and Economic Growth and SDG 4: Quality Education.

Under SDG 8, the specific target identified is Target 8.7, which focuses on eradicating forced labor, ending modern slavery and human trafficking, and eliminating the worst forms of child labor. The article mentions the discovery of oppressive child labor at a manufacturing facility, which violates child labor provisions of the Fair Labor Standards Act. The court’s action reflects the pursuit of any employer endangering children by employing them in dangerous jobs. The indicators to measure progress towards this target include the number of children employed illegally in dangerous jobs, violations of child labor provisions, and the amount of civil money penalties assessed on employers for child labor violations.

Under SDG 4, the specific target identified is Target 4.7, which aims to ensure that all learners acquire the knowledge and skills needed to promote sustainable development. While not explicitly mentioned in the article, the investigation of cases with child labor violations and the number of children employed in violation of hazardous occupation standards can be indicators to measure progress towards this target.

Source: dol.gov