Tag Archive for: meatpacking

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U.S. DOL obtains order to force Los Angeles-area meat processor, staffing agency to give up $327,000 in profits from oppressive child labor

USDOL News Release June 25, 2024

Investigation revealed children working dangerous jobs, unlawful hours

CITY OF INDUSTRY, CA – The U.S. Department of Labor has obtained a consent judgment in a federal court ordering a City of Industry meat processor and a Downey staffing agency to surrender $327,484 in illegal profits made from sales of products associated with oppressive, exploitative child labor. The judgment also requires the employers to pay the department $62,516 in penalties.

The June 20, 2024, judgment in the U.S. District Court for the Central District of California in Los Angeles follows an investigation by the department’s Wage and Hour Division that determined A&J Meats and The Right Hire jointly employed and endangered children as young as 15 by tasking them to use sharp knives, allowing them to work inside freezers and coolers, and to scheduling them to work at times not permitted by law, all in violation of federal child labor regulations.

“A&J Meats and The Right Hire knowingly endangered these children’s safety and put their companies’ profits before the well-being of these minors,” said Western Regional Solicitor of Labor Marc Pilotin in San Francisco. “These employers egregiously violated federal law and now, both have learned about the serious consequences for those who so callously expose children to harm.”

Specifically, division investigators found that children worked at the facility more than three hours a day on school days, past 7 p.m. and more than 18 hours per week while school was in session. The Fair Labor Standards Act forbids employers from employing children under age of 18 in dangerous occupations, including most jobs in meat and poultry slaughtering, processing, rendering and packing establishments.

The judgment also forbids A&J Meats, owner Priscilla Helen Castillo, and The Right Hire staffing agency from future FLSA violations and from trying to trade goods connected to oppressive child labor. In addition, all three parties must also provide annual FLSA training for at least four years and submit to monitoring by an independent third-party for three years.

Castillo’s father, Tony Bran, has also been the found illegally employing children at three poultry processing companies he operates. In October 2023, the same California court ordered his companies to stop endangering children, withholding pay, retaliating, and shipping “hot goods” produced in violation of overtime and child labor laws.

“No employer should ever profit from exploited children,” said Wage and Hour Division Regional Administrator Ruben Rosalez in San Francisco. “When we find children employed in violation of the law, we will take steps to ensure that we can hold all employers accountable under the law. Companies that use staffing agencies to meet their labor needs cannot escape liability for child labor violations when they are in fact also employers themselves.”

The department encourages businesses to monitor their supply chains closely to make sure the goods they purchase, produce and sell are not made with oppressive and illegal child labor.

The department continues to combat child labor abuses and wage theft in the poultry and meat processing industries. This judgment follows numerous cases in California and nationwide where meat processing facilities were found illegally employing children and endangering their safety and wellbeing.

Learn more about the Wage and Hour Division, including a search tool to use if you think you may be owed back wages collected by the division. Workers and employers can call the division confidentially with questions or concerns – regardless of where they are from – and the department can speak with callers in more than 200 languages at its toll-free number, 1-866-4-US-WAGE (487-9243). Help ensure hours worked and pay are accurate by downloading the department’s Android and iOS Timesheet App for free in English or Spanish.

Agency
Wage and Hour Division
Date
June 25, 2024
Release Number
24-1107-SAN
Media Contact: Michael Petersen
Media Contact: Jose Carnevali
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USDOL Press Release: Tennessee Cleaning Firm Fined $649,000 in Child Labor Penalties; Kids, as Young as 13, Cleaned Killing Floor and Machinery

Investigations found 24 children, some just 13 years old, doing dangerous work in Iowa, Virginia

SIOUX CITY, IA – The Department of Labor has entered into a consent order and judgment, approved by a federal court in Iowa on May 6, 2024, with a Tennessee cleaning contractor that requires the employer to pay $649,304 in civil money penalties, hire a third-party to review and implement company policies to prevent the employment of children in violation of the Fair Labor Standards Act and establish a program for reporting concerns about the illegal employment of children.

Read the full release here.

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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

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.

                                                             #END#

 

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Another dangerous teen job: Meatpacking

In addition to the five most dangerous jobs that teens are legally allowed to perform, NCL warns working youth to avoid meatpacking jobs. Although workers are supposed to be 18 to work in these plants, federal immigration raids in plants in Iowa and South Carolina in 2008 found children as young as 13 and 14 working.

In the spring of 2010, the trial involving child labor allegations at the Agriprocessors plant in Postville, Iowa revealed harsh conditions endured by working teens—the youngest of which was 13. One teen said he was pushed to process 90 chickens per minute with electric shears. Another Postville teen said that industrial cleaners made her skin peel. Another worker said that when he was 16, he worked 12-hour days, six days a week.

Meat processing work is very dangerous, requiring thousands of cutting motions a day with sharp knives. In a visit to Postville in the summer of 2008, NCL staff interviewed a young worker who cut himself while processing meat when he was only 16 years old. One teen said that industrial cleaners caused her skin to peel.

One of the examples we provided in our forklift section involved a 17-year-old who was killed in a forklift accident in a meatpacking plant.

In addition to being dangerous, the work is messy, bloody, exhausting and too demanding for teens. NCL asks employers and federal and state labor investigators to conduct special investigations to make sure that no youth under the age of 18 are working in meat processing.