Tuff Torq will pay a $296,951 penalty after the department’s Wage and Hour Division confirmed several children worked for the outdoor power equipment parts manufacturer. Additionally, Tuff Torq will set aside $1.5 million from profits made during the kids’ employment, which will go to the kids illegally employed.
The department received the federal consent judgement to hold Tuff Torq Corporation accountable and make sure the company complies with federal child labor laws.
“Even one child working in a dangerous environment is too many,” Wage and Hour Division administrator Jessica Looman said in a press release. “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.”
How many kids did Tuff Torq Corporation employ illegally?
The department determined that 10 kids illegally worked for Tuff Torq under opressive child labor conditions.
The Wage and Hour Division began probing in 2023, but received proof of the unlawful work Jan. 23, 2024. On that day, investigators witnessed a child operating a “power-driven hoisting apparatus” like a forklift. Workers under 18 are prohibited from operating this type of machinery.
The department filed the action against Tuff Torq Corporation March 22, 2024, in the U.S. District Court for the Eastern District of Tennessee at Greeneville.
What else will Tuff Torq Corporation have to do under the judgement?
Tuff Torq Corporation will stop employing children and comply with federal child labor laws moving forward. In addition to the penalty and payments, Tuff Torq Corporation agrees to do the following:
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Work with community organizations to regularly train staff, managers and contractors
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Create a tip line for anonymous reporting of child labor and other Fair Labor Standards Act (FLSA) violations
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Allow unplanned and warrantless searches of the Tuff Torq Corporation facility for three years
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Abstain from creating new contracts with agencies or contractors with FLSA violations
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Require contractors to disclose violations and hiring protocols before entering into contracts
What does Tuff Torq Corporation work in?
The manufacturer supplies power equipment parts for companies like John Deere, Toro and Yamaha. Tuff Torq Corporation invests in new technology, tests products and provides electric alternatives.
Tuff Torq Corporation operates at 5943 Commerce Blvd. in Morristown.
What are Tennessee’s child labor laws?
Tennessee’s Child Labor Act protects minors between the ages of 14 and 17 as they enter into the workforce. Protections under this act include hours working, types of jobs and exceptions for Work Based Learning Programs.
A few off-limits jobs and hazardous environments for workers under 18 include manufacturing establishments, meat packing, demolition and operation of power-driven hoisting apparatuses.
The Child Labor Act includes rules for hours minors can work throughout the week. Kids 14 and 15 can only work three hours a day during school days after 7 a.m. but before 7 p.m. for a total of 18 hours a week. When school isn’t in session, minors can work up to eight hours a day between 6 a.m.-9 p.m. for up to 40 hours a week.
For kids 16 and 17, the rules are a little more flexibile as long as minors aren’t working during classes and only between 6 a.m.-10 p.m. They can get a parental slip signed to work up until midnight, but only for a three days a week between Sunday and Thursday.
Minors also get a mandatory 30 minute break for every six hours of work in a day.
How many child labor violations has the U.S. Department of Labor investigated?
The department investigated 955 cases with child labor violations in 2023. This included 5,792 children nationwide with 502 of those kids employed in either violation or hazardous conditions.
As a result, the department assessed employers for more than $8 million in civil money penalties.
This article originally appeared on Knoxville News Sentinel: Tennessee parts supplier for John Deere fined for employing children