'Oppressive child labor': DOL fines manufacturer for illegally employing migrant children to 'operate dangerous machinery'

The United States Department of Labor imposed nearly $2 million in fines against a Tennessee manufacturer for "employing children to operate dangerous machinery" and "requiring them to work more hours than the law allows," a Monday press release from the agency revealed.

A Labor Department investigation found 10 children subjected to "oppressive child labor" at a Tuff Torq factory in Morristown. The manufacturer produces outdoor power equipment components for several companies, including John Deere, Toro, and Yamaha.

The children working at the facility were immigrants as young as 14 years old, according to NBC News.

According to the DOL's Wage and Hour Division, the children worked "dangerous" positions at the facility.

"Division investigators began its probe months ago but obtained clear evidence of the unlawful conduct on Jan. 23, 2024, when they returned to the Tuff Torq facility and observed a child operating a power-driven hoisting apparatus, an occupation prohibited for workers under the age of 18," the department's press release read. "As a result, the department objected to the shipment of goods from the Morristown facility, citing the Fair Labor Standards Act's 'hot goods' provision, which prevents employers from shipping goods produced by oppressive child labor."

Tuff Torq was ordered to pay a $296,951 civil penalty and "set aside $1.5 million as disgorgement of 30 days' profits related to its use of child labor."

"The proceeds paid by Tuff Torq will be used for the benefit of the children employed illegally," the DOL stated.

In addition to paying the civil fine, the manufacturer has also agreed to provide staff training, establish a child labor tip line, permit "unannounced and warrantless searches" for three years, and avoid using staffing agencies with child labor violations.

Wage and Hour Division administrator Jessica Looman declared, "Even one child working in a dangerous environment is too many."

"Over the past year, we have seen an alarming increase in child labor violations, and these violations put children in harm's way. With this agreement, we are ensuring Tuff Torq takes immediate and significant steps to stop the illegal employment of children. When employers fail to meet their obligations, we will act swiftly to hold them accountable and protect children," she stated.

Solicitor of Labor Seema Nanda believes the DOL's agreement with Tuff Torq will hold the manufacturer accountable and discourage future child labor violations.

"This agreement puts in practice what we have long been saying. The department will not tolerate companies profiting on the backs of children employed unlawfully in dangerous occupations. Tuff Torq has agreed to disgorge profits, which will go to the benefit of the children. This sends a clear message: putting children in harm's way in the workplace is not only illegal, but also comes with significant financial consequences," Nanda said.

Ryan Pott, Tuff Torq's legal representative, stated that the children who were illegally working at the facility were temporary hires not directly employed by the manufacturer, NBC News reported. According to the company, the children provided falsified identification to a third-party staffing agency.

Tuff Torq is "transitioning" away from partnering with the staffing company, Pott explained.

"Tuff Torq is dedicated to ensuring that their products and services are produced under ethical conditions, with a strong emphasis on fair labor practices, and Tuff Torq is further strengthening our relevant training and compliance programs," Pott told NBC News. "We are also actively engaging with our suppliers to reinforce our expectations regarding ethical labor practices and collaborate with them on implementing our updated policies."

The DOL investigated 955 child labor violation cases involving 5,792 children in fiscal year 2023.

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