Tag Archive for: enforcement

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Child Labor Coalition lauds Wage and Hour’s child labor enforcement strategies that includes creating a fund for victims and use of “hot goods” provisions

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March 27, 2024

Media contact: National Consumers League/Child Labor Coalition – Reid Maki, reidm@nclnet.org, (202) 207-2820

 

Washington, DC – The Child Labor Coalition (CLC), representing 37 groups engaged in the fight against domestic and global child labor, expresses support for the innovative enforcement strategies in this week’s enforcement action by the Wage and Hour Division of the U.S. Department of Labor (DOL). The action, announced March 25th, involved fines of $296,951 for a Tennessee parts manufacturer, Tuff Torq, and required the company to set aside $1.5 million as “disgorgement” of 30 days’ profit related to the company’s use of child labor. Disgorgement is a legal term for remedy requiring a party that profits from illegal activity to give up any profits that result from that activity.

Tuff Torq, which makes components for outdoor, power-equipment brands such as John Deere, Toro, and Yamaha, illegally employed 10 children, including a 14-year-old, for work that was hazardous—an identified task involved permitting a child to operate a power-driven-hoisting apparatus, which is a prohibited occupational task.

The Department employed several new or recent strategies in the case, including employing the Fair Labor Standards Act’s “hot goods” provision, which was used to stop the shipment of goods made with oppressive child labor.

“The use of the ‘hot goods’ enforcement tool is also an important new strategy, which Wage and Hour announced it would use last year,” said Reid Maki, director of Child Labor Advocacy for the National Consumers League (NCL) and the CLC. “It’s another critical tool in DOL’s arsenal. Once companies realize that the shipment of goods has been stopped, they feel an immediate impact of the violation.”

“This is the first use of victim’s fund that we have noticed in a child labor enforcement action,” added Maki. “Teens employed in factory settings are often unaccompanied minors and typically very impoverished. When enforcement agents find teens working illegally, they are dismissed with no resources to survive, move forward, and reassemble their lives. A victim’s fund is something the CLC and the Campaign to End US Child Labor – the CLC is a founding member – has touted as desperately needed.”

A third innovation involves how DOL calculates child labor fines. DOL recently announced it planned to change formulas for calculating fines, which previously had been capped at $15,000 per child involved in violations at a specific work site. The new strategy involves applying the maximum fines for each violation, not limited to the number of children involved.

“It’s clear they have used the new formula in the Tuff Torq fines,” said Maki. “Fines levels came in at an average of $30,000 per child—almost double what we would have seen under the old formula. With Congress unable, at this point, to pass into law any of several bills that would increase fines by a factor of ten, DOL’s creativity here is most welcome. Fines must be raised to inflict some real pain on corporate perpetrators. We’re not where we want to be yet, but it’s good to inch closer.”

“Wage and Hour also deserves praise for directing its enforcement action at Tuff Torq,” noted Maki. “In the past, corporations that benefited from child labor have often not been held accountable, as they blamed staffing agencies for illegal hires. Holding beneficiaries accountable is something DOL said it would do when it announced its meatpacking investigation results in February 2023—it’s great to see it happening.”

The Wage and Hour Division faces a big challenge in that its inspectorate, estimated at below 750 inspectors, is too small for a country the size of the U.S. The CLC has called for a doubling of the inspectorate over the next five years and is working to help increase congressional appropriations for that purpose.

Wage and Hour has noted a sharp increase in child labor in recent years, having found 5,792 minors working in violation of child labor laws. The Economic Policy Institute indicates the increase in violations is 300 percent since 2015.

“We are especially troubled by the prevalence of children in hazardous work,” said CLC Chair Sally Greenberg, who is also the CEO of the National Consumers League. “Far too many children are working illegally in meatpacking, auto supply factories, and other hazardous work sites. The U.S. can and must do more to protect these vulnerable children.”

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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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Amazing, must-listen podcast….“Why Are States Loosening Child Labor Laws?” –New York Times child labor reporter Hannah Dreier and the CLC’s Norma Flores López on Roy Woods Jr. video podcast, “Beyond the Scenes – The Daily Show”

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Amazing, must-listen podcast….

 

“Why Are States Loosening Child Labor Laws?” —New York Times child labor reporter Hannah Dreier and the CLC’s Norma Flores López on Roy Woods Jr. video podcast, “Beyond the Scenes – The Daily Show”. [Recorded 4/23/23].

 

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Do Children in America Ever Work in Deplorable, Dangerous, Dickensian Conditions?  The Short Answer is “Yes” — The Child Labor Coalition’s Top Ten U.S. Child Labor Developments in 2022

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By Reid Maki, Child Labor Coalition

 

Most Americans are unaware that the U.S. still has child labor, but 2022 made it abundantly clear that we do, and stories in the news exposed conditions that were often downright shocking. Here are 10 child labor stories or developments that indicate child labor in the U.S. is not something in the past and continues to be a serious concern. The  Child Labor Coalition brings together 39 groups to work collectively to reduce international and domestic child labor and to protect working teens from occupational dangers. Our top 2022 U.S. developments:

  • Minors found working illegally in Brazilian-owned JBS meatpacking facilities in Nebraska and Minnesota. Several children suffered caustic chemical burns, including one 13-year-old. The children worked on the killing floor in cleaning crews, toiling long nights in the graveyard shift and used dangerous pressure-washing hoses while they stood in water mixed with animal parts. Initially, the number of children numbered 31 in Nebraska and Minnesota, but U.S. DOL has suggested the number of illegally employed teens in processing plant cleaning crews may be much larger. The CLC has expressed concerns about teens illegally working in meat processing plants since a large immigration raid in Iowa in 2003 found 50 minors working illegally in the plant.
  • Teens found working in an Alabama factory that supplied parts to Hyundai. In July, labor officials found three siblings, aged 12, 14, and 15, working in an Alabama stamping plant that supplied part to the car manufacturer Hyundai. According to reports, a larger number of minors worked in the factory in recent years. The story drew enormous publicity because factory-based child labor in the U.S. has become rare.
  • The Wisconsin legislature passed a bill to weaken child labor laws by expanding the hours of teen work, which endangers children’s educational development and presents certain health risks. The CLC amplified the work of labor unions on social media, we also wrote a letter to Gov. Tony Evers, urging him to veto the proposed legislation, which he did in February. According to research, high school age workers who toil more than 20 hours a week get lower grades and have an increased risk of dropping out.
  • An estimated 300,000 children still work for wages in agriculture, performing backbreaking labor in searing heat. Currently, federal law allows children who are only 12 to work unlimited hours as long as they are working when school is not in session. Federal legislation which would protect child farmworkers, the Children’s Act for Responsible Employment and Farm Safety (CARE), H.R. 7345, would raise the minimum age of farm work from 12 to at least 14 and lift the age of hazardous work from the current 16 to 18—the same as all other sectors. CARE saw some promising developments in 2022, including the holding of a congressional hearing on the bill—the first since 2009. We also secured over 200 organizational endorsements for CARE and we worked with CLC-members Human Rights Watch, Justice for Migrant Women, and First Focus Campaign for Children to obtain 47 CARE legislative cosponsors.
  • The Children Don’t Belong on Tobacco Farms Act, H.R. 3865 –and its companion bill S.2044—would ban child labor on U.S. tobacco farms where children toil long hours and routinely suffer symptoms of nicotine poisoning such as vomiting, fainting, dizziness, headaches and nausea. In a desperate attempt to keep nicotine off their skin, many teen tobacco workers toil while wearing black plastic garbage bags with holes punched out for their arms and head. Some teens work at great heights and great danger in tobacco drying barns. In the U.S., you have to be 21 to buy cigarettes but at age 12, you can work on tobacco farms and suffer poisoning from toxic nicotine. In the 117th congressional session, we helped secure 32 cosponsors for H.R. 3865—more than double the amount of cosponsors in the 116th.
  • Enforcement of domestic child labor laws in 2022 through mid-November saw an almost 40 percent increase in the number of child workers involved in a violation of child labor rules—nearly 4,000 children, according to reporting by DailyMail.com, using Department of Labor data. Nearly 20 percent of the violations involved teens performing hazardous work.
  • USDOL and state labor agencies frequently found child labor violations among fast food restaurants. Massachusetts Attorney General Maura Healey fined Dunkin’, the donut franchises, $145,000 for over 1,200 child labor violations in 14 stores. U.S. DOL found violations in 13 Pittsburgh area McDonalds restaurants in which teens worked too many hours or too late, as well as a case of a teen doing prohibited hazardous work
  • In September, Human Rights Watch, a CLC member, issued a child rights report card for all U.S. states related to child marriage, child labor, juvenile justice, and corporal punishment, and how well they meet the standards set by the Convention on the Rights of the Child. Alarmingly, only four states earned passing grades: 20 received an “F”; 26 received a “D”; four received a “C” and none received a “B” or and “A.” See the grades and report here.
  • In July, Massachusetts became the seventh US state to ban entirely child marriage. Like child marriage globally, U.S. child marriage has substantial health, educational, and financial impacts on teen girls who marry. Most states have broad exemptions that allow teens to marry with the approval of parents or the courts. Massachusetts joins six other states that passed legislation to end child marriage: New York, Delaware, New Jersey, Rhode Island, Pennsylvania and Minnesota. The CLC is a member of the National Coalition to End Child Marriage, headed by the NGO Unchained at Last.
  • The CLC and HRW held a series of meetings with Wage and Hour in 2022 to secure the reopening of the occupational child safety rules for agriculture called “Hazardous Occupation Orders.” These common-sense rules have not been updated for agriculture in roughly four decades despite many lessons-learned about farm injuries during that time. We also helped Rep. Roybal-Allard and Rep. David Cicilline (D-RI) draft and circulate a letter to DOL Secretary Walsh urging enhanced safety precautions. The letter had 46 congressional signatories.

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