Tag Archive for: Fines

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Press Release: Schatz, Young Introduce New Legislation to Help Stop Child Labor

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[We’re sharing here a Press Release by Senator Schatz, 10/20/2023]

Schatz, Young Introduce New Legislation to Help Stop Child Labor

Bipartisan Bill Establishes New Criminal Penalties, Imposes New Steep Fines For Employers Who Violate Child Labor Laws

WASHINGTON – U.S. Senators Brian Schatz (D-Hawai‘i) and Todd Young (R-Ind.) this week introduced new legislation to help stop illegal child labor. The bipartisan Stop Child Labor Act would increase maximum fines for violations, establish new criminal penalties, allow victims harmed by violations to file private lawsuits, and encourage collaboration between employers and government to stop child labor violations before they occur.

“Right now, our laws are allowing some of the worst employers to get away with exploiting kids for labor with nothing more than weak fines,” said Senator Schatz. “Our bill will strengthen our child labor laws, hold bad employers accountable, and protect kids from this illicit practice.”

“Recent data shows that child labor exploitation is not a thing of the past or a problem limited to the developing world. This bipartisan bill would strengthen our nation’s labor laws to better protect our children,” said Senator Young.

This week, DOL released new data showing child labor violations at their highest level in two decades. In fiscal year 2023, violations soared to 5,792, an 88 percent increase from 2019. This is due to companies increasingly circumventing child labor laws to fill positions due to the tight labor market. Currently, the Fair Labor Standards Act (FLSA) imposes weak fines for violations, making it financially easier for companies to skirt child labor laws. Earlier this year, it was revealed that migrant child labor is being used for hazardous jobs in factories making products for well-known brands like Cheetos, Fruit of the Loom, and Lucky Charms. In addition, DOL announced this year that it found more than 100 children across eight states cleaning dangerous meat processing equipment using hazardous chemicals for a contractor of major meat producer JBS Foods. While several child workers were injured on the job, DOL levied its maximum fine, just $15,138 for each count.

To stop child labor and hold bad employers accountable, the Stop Child Labor Act would:

  • Increase child labor violation civil penalties to:
    • $5,000 minimum – $132,270 maximum for routine violations;
    • $25,000 minimum – $601,150 maximum for each violation that causes the death or serious injury of a minor;
  • Create criminal penalties for a repeat or willful violation of child labor laws to include a fine of up to $50,000 and a year in jail;
  • Allow children harmed by violations of the law to seek compensation;
  • Start a grant program aimed at helping employers recognize, avoid, and prevent child labor violations; and
  • Permanently establish a National Advisory Committee on Child Labor.

The full text of the bill is available here.

[The BIPARTISAN  bill, number S.3051, was introduced on 10/17/2023 and has 1 cosponsors as of 11/9/2023 — Sen. Todd Young (R-IN)    Cosponsored on 10/17/2023]

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Poultry processor House of Raeford to pay fine for child labor violations at Teachey, NC, plant following US Department of Labor investigation

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U.S. Department of Labor Press Release/Wage and Hour Division [Oct. 16, 2012]

TEACHEY, N.C. — The U.S. Department of Labor has assessed a total of $12,400 in civil money penalties against poultry processor House of Raeford Farms Inc. following an investigation by the department’s Wage and Hour Division that found minors performing hazardous duties prohibited by the Fair Labor Standards Act’s child labor provisions.

“Employers who hire young workers must comply with all federal and state regulations intended to keep our youth safe on the job,” said Richard Blaylock, director of the division’s Raleigh District Office. “This situation is particularly disappointing because the company previously was cited for the same type of violation. It is critical for employers to learn about and comply with the child labor provisions of America’s labor laws.”

Investigators found that two minors, both age 17,were employed in the company’s deboning department, where they were required to operate an electric knife in violation of the FLSA’s Hazardous Occupation Order No. 10, which prohibits workers under the age of 18 from operating or cleaning powered meat processing equipment, including meat slicers.

In addition to paying the civil money penalties, the company has agreed to maintain future compliance with the FLSA’s child labor provisions.

House of Raeford Farms Inc. has processing facilities in North Carolina, South Carolina, Georgia and Louisiana, including six fresh poultry processing plants and two further processing plants.

The FLSA establishes a minimum age of 18 for workers in those nonagricultural occupations that the secretary of labor finds and declares to be particularly hazardous for 16- and 17-year-old workers or detrimental to their health or well-being. These rules must be followed unless a specific exemption applies. More information on child labor rules can be found at https://www.dol.gov/elaws/youth.html and information about hazardous occupations orders is available at https://www.dol.gov/whd/regs/compliance/whdfs43.htm.

The division’s Raleigh office can be reached at 919-790-2742. Information on the FLSA and other wage laws is available by calling the division’s toll-free helpline at 866-4US-WAGE (487-9243) and at https://www.dol.gov/whd.

Contact: Michael D’Aquino
Phone: 404-562-2076
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US Labor Department Fines Marcus Theatres, Regal Cinemas and Wehrenberg movie theatre chains more than $277,000 for Child Labor Violations

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WHD News Release: [03/01/2011]

Contact Name: Scott Allen or Rhonda Burke

Release Number: 11-0247-NAT

Minors in 9 states found performing hazardous work, working longer hours than permitted by law

CHICAGO — The U.S. Department of Labor has assessed a total of $277,475 in civil money penalties against three movie theatre companies, Marcus Theatre Corp., Regal Cinemas Inc. and Wehrenberg Inc., for allowing dozens of teens to perform hazardous jobs and work longer hours than allowed by the youth employment provisions of the Fair Labor Standards Act.

The Labor Department’s Wage and Hour Division, through a strategic enforcement initiative aimed at curbing violations in an industry found to have a high rate of non-compliance with child labor laws, discovered approximately 160 minors were being required to perform hazardous jobs — such as operating paper balers and trash compactors, operating motor vehicles, using power driven mixers and baking — in theatres owned by the three chains. Marcus Theatre Corp. also allowed youth to work beyond permitted hours. The 27 theatres where the minors were employed are in nine states: California, Illinois, Indiana, Minnesota, Missouri, Nebraska, Ohio, South Carolina and Wisconsin. Read more

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US Labor Department cites Nickerson Farms for child labor violations

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More than $48,000 in penalties assessed after investigators find 7 children working in fields

Wage & Hour Press Release

PHOENIX — The U.S. Department of Labor has fined Robert Nickerson Farms of Wellton, Ariz., $48,000 in civil money penalties after finding seven children between the ages of nine and 13 working during this past summer’s okra harvest.

An investigation by the department’s Wage and Hour Division determined that Robert Nickerson Farms employed six children – three 13-year-olds, one 12-year-old, one 11-year-old and one 9-year-old – to weed okra fields between June and August of this year. Another 11-year-old was hired to set gopher traps and dispose of the dead animals. Investigators confirmed that the children over 11 years of age were all employed without written parental consent, which is required by the Fair Labor Standards Act’s child labor provisions. Children under the age of 12 cannot legally be employed by Robert Nickerson Farms.

“Having children under the legal age of employment work in agriculture, and without written parental consent, is not only wrong but against the law,” said George Friday Jr., regional administrator of the Wage and Hour Division’s Western Regional Office. “We must do everything that we can to protect the most vulnerable workers among us.”

Individuals under the age of 12 may be employed in agricultural jobs with parental consent, but only on very small farms that are not subject to the federal minimum wage requirements. The Robert Nickerson farm is categorized as a large farm, employing more than 80 workers. Twelve- and 13-year-olds may be employed in agricultural settings if they are working on the same farm as a parent or with a parent’s written consent. Generally, no hired farmworker under the age of 16 may be employed during school hours or perform hazardous work. Employers must maintain records of hours worked, pay and dates of birth for all individuals under age 19. Most farm workers, even the youngest, must receive at least the federal minimum wage of $7.25 for every hour worked.

The Labor Department recently initiated a new, tougher child labor civil money penalty structure to address employers who employ individuals who are too young to work. Employers who illegally employ individuals ages 12 or 13 will face a penalty of at least $6,000 per violation. If a worker is under 12 years of age and illegally employed, the penalty will be at least $8,000. The penalty assessed Robert Nickerson Farms is part of this penalty structure. For more information about the FLSA, youth employment, the jobs younger workers may perform and the hours they may work, call the division’s Phoenix office at 602-514-7100 or its national toll-free helpline at 866-4US-WAGE (487-9243). Information is also available on the Internet at www.dol.gov/whd.

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