Perdue, Tyson Foods Face ‘Unique’ Probe in Child Labor Crackdown

The US Department of Labor Investigates Tyson Foods and Perdue Farms for Child Labor Violations

The US Department of Labor (DOL) is taking significant steps to protect minors from dangerous working conditions by including meatpacking giants Tyson Foods Inc. and Perdue Farms Inc. in its investigations of subcontractor child labor violations. The DOL’s Wage and Hour Division is currently probing the companies based on allegations that their subcontractors are illegally employing children as young as 13 to work overnight cleaning equipment in the meat companies’ facilities in Eastern Virginia.

This investigation is part of the DOL’s enhanced child labor enforcement initiative, which aims to hold parent companies jointly liable for the child labor violations committed by their subcontractors. In the past, the DOL only cited the contractor directly employing the children, not the parent company that hired the contractor. This marks a significant escalation in the agency’s fight against child labor violations.

Over the past year, the DOL has closed cases involving more than 4,000 children employed in jobs they are not legally allowed to have, spanning various industries including meatpacking, fast-food, and construction. The agency has found children, particularly undocumented migrant children, working in unsafe conditions, often at late hours.

Importance of Sustainable Development Goals (SDGs)

1. Goal 4: Quality Education – Protecting children from dangerous working conditions ensures that they have the opportunity to receive a quality education and develop their full potential.
2. Goal 8: Decent Work and Economic Growth – Holding parent companies accountable for child labor violations promotes decent work and fair employment practices.
3. Goal 10: Reduced Inequalities – Protecting vulnerable children, including undocumented migrant children, from exploitation and unsafe working conditions reduces inequalities.

‘Unique’ Development

This is not the first time Tyson Foods has been implicated in child labor violations. The company also operates facilities where children were found working overnight for subcontractor Packers Sanitation Services last year. However, in that case, the DOL fined Packers $1.5 million while the owners of the factories faced no penalties.

The DOL’s wage division has continued to bring child labor violations against contractors and franchisees in recent months. However, companies hiring these contractors and the brands behind franchise operating agreements have been able to avoid joint liability for child labor violations. The inclusion of Tyson and Perdue in the investigations marks a significant change in this approach.

Joint Employer Fight

The DOL will need to convince a court that the joint employment doctrine applies in the cases of Perdue and Tyson. This legal principle holds employers liable for the working conditions of their subcontractor’s employees if they exert enough control over them. While there is no official regulatory test governing the DOL’s approach to joint employment, courts typically consider factors such as hiring or firing authority, work location, and the employee’s importance to the operations of the potential joint employer.

Former agency officials and worker advocates believe that holding large corporations responsible for labor law violations in their supply chain is long overdue. They argue that corporations should set minimum labor standards within their agreements with subcontractors and conduct regular audits to ensure compliance.

Importance of Sustainable Development Goals (SDGs)

• Goal 8: Decent Work and Economic Growth – Holding corporations accountable for labor law violations promotes decent work and fair employment practices.
• Goal 12: Responsible Consumption and Production – Regular audits and setting labor standards within supply chains contribute to responsible consumption and production.

What Changed?

The DOL has not provided further details on why it has opened child labor cases against Tyson Foods and Perdue Farms now, despite previous violations at Tyson facilities in Arkansas and Tennessee. The growing frequency of violations at Tyson plants may have prompted enforcement officials to take action.

The escalation in the Tyson case aligns with the typical strategy deployed by the Solicitor’s Office in repeat cases. The DOL initially focuses on the labor supplier, then expands its investigation to include all parties involved if fines alone are not enough to stop labor suppliers from continuing to source workers to third parties.

Importance of Sustainable Development Goals (SDGs)

• Goal 8: Decent Work and Economic Growth – Taking action against repeat violators promotes decent work and fair employment practices.
• Goal 16: Peace, Justice, and Strong Institutions – Enforcing labor laws and holding violators accountable contributes to strong institutions and promotes justice.

SDGs, Targets, and Indicators

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

SDG 8: Decent Work and Economic Growth

The issue of child labor in the meatpacking industry is directly connected to SDG 8, which aims to promote sustained, inclusive, and sustainable economic growth, full and productive employment, and decent work for all. The article discusses the US Department of Labor’s investigations into subcontractor child labor violations in Tyson Foods Inc. and Perdue Farms Inc., highlighting the need to eradicate forced labor and eliminate the worst forms of child labor.

SDG 12: Responsible Consumption and Production

The issue of child labor in the meatpacking industry also relates to SDG 12, which focuses on ensuring sustainable consumption and production patterns. The article emphasizes the need for companies to scrutinize their supply chains and take responsibility for labor violations, promoting responsible procurement practices.

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

The article highlights the US Department of Labor’s investigations into subcontractor child labor violations, specifically targeting the worst forms of child labor in the meatpacking industry. This aligns with Target 8.7 of SDG 8.

Target 12.7: Promote public procurement practices that are sustainable, in accordance with national policies and priorities

The article emphasizes the need for companies to closely scrutinize their supply chains and ensure compliance with labor laws. This relates to Target 12.7 of SDG 12, which calls for promoting sustainable public procurement practices.

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

The article does not explicitly mention any indicators related to Target 8.7 of SDG 8. However, Indicator 8.7.1, which measures the proportion and number of children aged 5-17 years engaged in child labor, can be used to measure progress towards eradicating child labor.

The article also does not mention any specific indicators related to Target 12.7 of SDG 12. However, Indicator 12.7.1, which measures the number of sustainable public procurement policies or measures implemented, can be used to measure progress towards promoting sustainable procurement practices.

4. SDGs, Targets, and Indicators

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Source: news.bloomberglaw.com

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