US Department of Labor requires Tennessee parts manufacturer to turn over profits from oppressive child labor use, compensate victims

U.S. Department of Labor Obtains Federal Consent Judgment Against Manufacturer for Child Labor Violations

The U.S. Department of Labor’s Office of the Solicitor has obtained a federal consent judgment that requires a Morristown manufacturer of outdoor power equipment components to cease illegal child labor practices and comply with federal child labor laws in the future.

The judgment, which follows the identification of several children employed in dangerous jobs by the Wage and Hour Division, includes a $296,951 civil money penalty. The manufacturer, Tuff Torq, must also set aside $1.5 million as disgorgement of 30 days’ profits related to its use of child labor. The proceeds will be used for the benefit of the children employed illegally.

Background

The action was entered in the U.S. District Court for the Eastern District of Tennessee at Greenville on March 22, 2024, addressing Tuff Torq Corp.’s illegal employment of children. The Department of Labor has determined that Tuff Torq subjected 10 children to oppressive child labor.

Division investigators began their probe months ago and obtained clear evidence of the unlawful conduct on January 23, 2024, when they witnessed a child operating a power-driven hoisting apparatus, an occupation prohibited for workers under the age of 18. As a result, the department invoked the Fair Labor Standards Act’s “hot goods” provision, preventing the shipment of goods produced by oppressive child labor from the facility in Morristown.

Sustainable Development Goals (SDGs)

The Department of Labor’s efforts to combat child labor violations align with the Sustainable Development Goals (SDGs) set by the United Nations. The SDGs aim to end poverty, protect the planet, and ensure prosperity for all. Specifically, this case contributes to:

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

Agreement Provisions

In addition to complying with the child labor provisions of the Fair Labor Standards Act, paying the civil money penalty, and disgorging profits, Tuff Torq has agreed to the following provisions:

• Contract with a community-based organization to provide regular training to staff, managers, and contractors.
• Establish an anonymous tip line for reporting child labor and other suspected Fair Labor Standards Act violations.
• Allow unannounced and warrantless searches of its facility for three years.
• Refrain from entering new contracts with staffing agencies or other contractors with child labor violations and require contractors to disclose child labor violations and hiring protocols.

Quotes

“Even one child working in a dangerous environment is too many,” said Wage and Hour Division Administrator Jessica Looman. “Over the past year, we have seen an alarming increase in child labor violations, and these violations put children in harm’s way. With this agreement, we are ensuring Tuff Torq takes immediate and significant steps to stop the illegal employment of children. When employers fail to meet their obligations, we will act swiftly to hold them accountable and protect children.”

“This consent decree holds Tuff Torq accountable while also discouraging future violations, focusing on the supply chain, and striving to make the victims whole,” said Solicitor of Labor Seema Nanda. “This agreement puts into practice what we have long been saying. The department will not tolerate companies profiting on the backs of children employed unlawfully in dangerous occupations. Tuff Torq has agreed to disgorge profits, which will go to the benefit of the children. This sends a clear message: putting children in harm’s way in the workplace is not only illegal but also comes with significant financial consequences.”

Child Labor Violations

In fiscal year 2023, the Department of Labor investigated 955 cases with child labor violations, involving 5,792 children nationwide, 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.

To learn more about the Wage and Hour Division, including child labor regulations on dangerous jobs that are prohibited for workers under age 18, visit www.dol.gov/agencies/whd.

The division offers confidential compliance assistance to anyone, regardless of their location, with questions about their wages or how to stay in compliance with the law. Call the agency’s toll-free helpline at 866-4US-WAGE (487-9243). The department can provide assistance in more than 200 languages.

SDGs, Targets, and Indicators

1. SDG 8: Decent Work and Economic Growth

   • 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.
   • Indicator 8.7.1: Proportion and number of children aged 5-17 years engaged in child labor, by sex and age group (relevant for the issue of illegal child labor)

2. SDG 16: Peace, Justice, and Strong Institutions

   • Target 16.2: End abuse, exploitation, trafficking, and all forms of violence against and torture of children.
   • Indicator 16.2.3: Proportion of young women and men aged 18-29 years who experienced sexual violence by age 18 (relevant for the issue of child labor and protection of children from harm)

Table: SDGs, Targets, and Indicators

Analysis

The article highlights the issue of illegal child labor and the actions taken by the U.S. Department of Labor to address it. Based on the content of the article, the following SDGs, targets, and indicators can be identified:

1. SDG 8: Decent Work and Economic Growth

This SDG is addressed as the article focuses on eradicating forced labor, ending modern slavery, and securing the prohibition and elimination of the worst forms of child labor.

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.

This target is relevant to the article as it highlights the actions taken by the U.S. Department of Labor to stop the illegal employment of children by Tuff Torq Corp., a manufacturer of outdoor power equipment components.

• Indicator 8.7.1: Proportion and number of children aged 5-17 years engaged in child labor, by sex and age group

This indicator can be used to measure progress towards the target by tracking the proportion and number of children engaged in child labor. The article mentions that the Wage and Hour Division identified several children employed in dangerous jobs, indicating a violation of child labor laws.

2. SDG 16: Peace, Justice, and Strong Institutions

This SDG is connected to the issue discussed in the article as it aims to end abuse, exploitation, trafficking, and all forms of violence against and torture of children.

Target 16.2: End abuse, exploitation, trafficking, and all forms of violence against and torture of children.

This target is relevant as it emphasizes the need to protect children from harm and ensure their well-being. The article highlights the illegal employment of children in dangerous occupations, which can be considered a form of exploitation and abuse.

• Indicator 16.2.3: Proportion of young women and men aged 18-29 years who experienced sexual violence by age 18

While not directly mentioned in the article, this indicator is relevant as it reflects the broader goal of protecting children from all forms of violence and exploitation. It serves as a reminder of the importance of safeguarding children’s rights and well-being.

Behold! This splendid article springs forth from the wellspring of knowledge, shaped by a wondrous proprietary AI technology that delved into a vast ocean of data, illuminating the path towards the Sustainable Development Goals. Remember that all rights are reserved by SDG Investors LLC, empowering us to champion progress together.

Source: dol.gov

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