A Tennessee manufacturer is in trouble with the U.S. Department of Labor (DOL) for allowing teens to operate dangerous machinery.
Tuff Torq Corp., a company that makes components for outdoor power equipment, is facing a federal consent judgment requiring it to stop employing children illegally and begin following federal child labor laws.
The consent judgment, which was issued on March 22, 2024, will also require Tuff Torq to pay a $296,951 fine and set aside $1.5 million as disgorgement of 30 days of profits related to its use of child labor.
The $1.5 million will be used for the benefit of the children employed illegally, according to the DOL.
Teen worker observed operating powered hoisting equipment
A DOL Wage and Hour Division investigation into Tuff Torq found that 10 teen workers were subjected to “oppressive child labor.”
Investigators found evidence of unlawful conduct on Jan. 23, 2024 when they observed a teen worker operating power driven hoisting equipment, a job task that’s prohibited for workers under the age of 18.
This led to an objection from the DOL on shipment of goods from the company’s Morristown facility, resulting in a citation under the Fair Labor Standards Act (FLSA) hot goods provision. The hot goods provision prevents employers from shipping goods produced by oppressive child labor.
The DOL then filed for a consent judgment in the U.S. District Court for the Eastern District of Tennessee at Greenville.
Manufacturer agrees to pay fine, comply with child labor laws
Under the consent judgment, Tuff Torq has agreed to comply with the child labor provisions of the FLSA, pay the full fine and pay the $1.5 million disgorgement. The company also agreed to:
- contract with a community-based organization to train its staff, managers and contractors on child labor law requirements
- establish an anonymous tip line for reporting child labor and other FLSA violations
- allow unannounced and warrantless searches of its facility for up to three years, and
- refrain from entering any new contracts with staffing agencies or contractors with child labor violations.
The DOL investigated 955 cases with child labor violations in 2023. Those investigations involved 5,792 children nationwide, including 502 children employed in occupations deemed hazardous by the FLSA.
These violations resulted in a total of more than $8 million in civil money penalties.