{"id":7009,"date":"2023-02-17T17:24:17","date_gmt":"2023-02-17T22:24:17","guid":{"rendered":"https:\/\/jordanbarab.com\/confinedspace\/?p=7009"},"modified":"2024-01-11T15:56:31","modified_gmt":"2024-01-11T20:56:31","slug":"labor-department-cracks-down-on-child-labor","status":"publish","type":"post","link":"https:\/\/jordanbarab.com\/confinedspace\/2023\/02\/17\/labor-department-cracks-down-on-child-labor\/","title":{"rendered":"Labor Department Cracks Down on Child Labor"},"content":{"rendered":"

Last Fall, I wrote<\/a> about a Labor Department injunction against Packers Sanitation Services Inc. (PSSI) for illegally employing 31 children between the ages of 13 and 17 in at least three meatpacking plants where the PSSI is contracted to clean and sanitize. The school children worked on overnight shifts and several suffered chemical burns from the corrosive cleaners they were required to use. Most were Latino and did not speak English.<\/p>\n

It turns out that was the the tip of the iceberg.<\/p>\n

The children were working with hazardous chemicals and cleaning meat processing equipment including back saws, brisket saws and head splitters. <\/strong><\/span><\/p><\/blockquote>\n

This morning the U.S. Department of Labor\u2019s Wage and Hour Division found<\/a> that PSSI had employed at least 102 children \u2013 from 13 to 17 years of age \u2013 in hazardous occupations and had them working overnight shifts at 13 meat processing facilities in eight states. As a result, PSSI has paid $1.5 million in civil money penalties. \u00a0The children were working with hazardous chemicals and cleaning meat processing equipment including back saws, brisket saws and head splitters. At least three minors suffered injuries while working for PSSI, one of the country\u2019s largest food safety sanitation service providers.<\/p>\n

And the violations were not just isolated “oops” in a couple of locations:<\/p>\n

\u201cThe child labor violations in this case were systemic and reached across eight states, and clearly indicate a corporate-wide failure by Packers Sanitation Services at all levels,\u201d explained Principal Deputy Administrator of the Wage and Hour Division Jessica Looman. \u201cThese children should never have been employed in meat packing plants and this can only happen when employers do not take responsibility to prevent child labor violations from occurring in the first place.\u201d<\/p>\n

Children were found working in 13 meatpacking plants in 8 states. A Cargill plant in Dodge City, Kansas, and JBS Foods plants in Grand Island, Nebraska and Worthington, Minnesota with more than 20 each. Other states were Arkansas, Colorado, Indiana, Tennessee and Texas.\u00a0 In addition to Cargill and JBS, children were working for PSSI at plants owned by\u00a0Tyson Food, George\u2019s Inc, Buckhead Meat of Minnesota, Gibbon Packing Co, Greater Omaha Packing Co Inc, Maple Leaf Farms and Turkey Valley Farms.<\/p>\n

PSSI Was Pleased to Resolve the Issue<\/h2>\n

PSSI was shocked<\/a>, SHOCKED that they had children on their payroll:<\/p>\n

\u201cWe are pleased to have finalized this settlement figure as part of our previously announced December resolution with the Department of Labor that ends their inquiry,\u201d said Gina Swenson, a Packers spokesperson. \u201cWe have been crystal clear from the start: Our company has a zero-tolerance policy against employing anyone under the age of 18 and fully shares the DOL\u2019s objective of ensuring full compliance at all locations.\u201d<\/p>\n

Wage and Hour was not quite convinced of PSSI’s sincerity:<\/p>\n

\u201cOur investigation found Packers Sanitation Services\u2019 systems flagged some young workers as minors, but the company ignored the flags. When the Wage and Hour Division arrived with warrants, the adults \u2013 who had recruited, hired and supervised these children \u2013 tried to derail our efforts to investigate their employment practices,\u201d said Wage and Hour Regional Administrator Michael Lazzeri in Chicago.<\/p>\n

The department assessed penalties of $15,138 for each minor-aged employee who was employed in violation of the law. the maximum penalties allowed under the Fair Labor Standards Act.<\/p>\n

Clearly, the financial penalties will have virtually no impact on the companies’ bottom line, but they generally don’t like the stigma of being child abusers.<\/strong><\/span><\/p><\/blockquote>\n

Clearly, the financial penalties will have virtually no impact on the companies’ bottom line, but they generally don’t like the stigma of being child abusers.<\/p>\n

\u201cThe Department of Labor has made it absolutely clear that violations of child labor laws will not be tolerated,\u201d said Solicitor of Labor Seema Nanda. \u201cNo child should ever be subject to the conditions found in this investigation. The courts have upheld the department\u2019s rightful authority to execute federal court-approved search warrants and compelled this employer to change their hiring practices to ensure compliance with the law. Let this case be a powerful reminder that all workers in the United States are entitled to the protections of the Fair Labor Standards Act and that an employer who violates wage laws will be held accountable.\u201d<\/p>\n

The Trend: More Child Labor<\/h2>\n

Child labor violations have risen sharply<\/a> over the past several years.<\/p>\n

The Department of Labor has seen a 50% increase in child labor violations since 2018, Loomans says, but it\u2019s unclear if that rise is because more companies are employing children or because there have been more investigations of these companies. DOL data shows that it found 3,876 minors employed in violation of the law in 2022, a 68% increase from 2018. But that number still pales in comparison to 2002, when it found 9,690 children employed illegally.<\/p>\n

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