A Tennessee manufacturer of outdoor power equipment components has been slapped with a hefty fine of almost $300,000 for employing minors to operate "dangerous" machinery in violation of federal child labor laws.

The US Department of Labor's Office of the Solicitor has obtained a federal consent judgment that requires Tuff Torq Corp. to cease employing children illegally and adhere to federal child labor laws moving forward. 

Tennessee Company Ordered to Rectify Illegal Child Labor Practices

The judgment, entered in the US District Court for the Eastern District of Tennessee on March 22, 2024, addresses the manufacturer's illegal employment of children, with a particular focus on the use of children in hazardous job roles.

The department's Wage and Hour Division uncovered multiple child labor violations, prompting a civil money penalty of $296,951 against Tuff Torq Corp. 

Additionally, the company is obligated to allocate $1.5 million as disgorgement of 30 days' profits linked to its utilization of child labor, with these funds intended to benefit the children subjected to illegal employment.

Division investigators initiated their probe months ago, culminating in the discovery of clear evidence of unlawful conduct on January 23, 2024. 

During an inspection at the Tuff Torq facility, officials observed a child operating a power-driven hoisting apparatus, a role explicitly prohibited for individuals under 18. 

Consequently, the department invoked the Fair Labor Standards Act's "hot goods" provision, preventing the shipment of goods produced through oppressive child labor.

Jessica Looman, Administrator of the Wage and Hour Division, emphasized the significance of halting such practices.

"Even one child working in a dangerous environment is too many," Looman said. "Over the past year, we have seen an alarming increase in child labor violations, and these violations put children in harm's way."

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Tuff Torq Corp. to Implement Measures to Prevent Future Violations

As part of the consent decree, Tuff Torq Corp. agreed to comply with child labor provisions outlined in the FLSA, pay the civil money penalty in full, and disgorge profits accrued from illegal child labor. 

Furthermore, the company committed to various measures to prevent future violations, including contracting with a community-based organization for staff training, establishing an anonymous tip line for reporting violations, and permitting unannounced facility searches for three years.

"This consent decree holds Tuff Torq accountable while also discouraging future violations, focusing on the supply chain, and striving to make the victims whole," Solicitor of Labor Seema Nanda said. 

The enforcement action against Tuff Torq Corp. reflects a broader trend of increased child labor violations across the country, with fiscal year 2023 alone seeing 955 cases involving 5,792 children nationwide, according to the data from the Labor Department. 

Individuals can contact the Wage and Hour Division via its toll-free helpline at 866-4US-WAGE (487-9243) for further information on child labor regulations and compliance assistance.

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