MORRISTOWN, Tenn. — The U.S. Department of Labor said a Morristown company will need to pay around $300,000 in civil money penalties and put aside $1.5 million to pay back any profits it made after employing ten minors, all under 18 years old.
The department said in a lawsuit filed on March 22 that the Tuff Torq Corporation employed the minors at a manufacturing facility. It also said, "at least one minor was observed operating a power-driven hoisting apparatus, an occupation that has been deemed particularly hazardous for minors."
It said that as a result, the company's goods were made with "unlawful and oppressive child labor," and so the company was prohibited from shipping the goods. The Tuff Torq Corporation makes a variety of products used inside equipment that clears snow, helps plow fields and finishes landscaping projects, according to its website.
The company will need to give a list of all entities it ships goods to for the department's Wage and Hour Division, as well as discipline management personnel responsible for child labor violations, including termination or suspension.
"This includes any management personnel who are or become aware of child labor violations and fail to report such violations," a consent order said.
The company will also need to post signs at its facilities telling people they need to be at least 18 years old to enter and work in the building. It would also need to hire a third-party consultant or compliance specialist who has experience in federal child labor provisions. The specialist would then make sure employees are informed about their rights, and make sure the company stays in compliance with federal child labor laws.
"Prohibited retaliatory action includes, but is not limited to, reporting or threatening to report, directly or indirectly, any such individual to law enforcement agencies based on the person’s actual or perceived immigration status or initiating an internal I-9 audit or other reverification process for the purpose of retaliating against any worker or chilling that worker’s rights under the FLSA or other federal statute," the consent order said.
An attorney for the company said the minors were temporary workers and did not directly hire and employ the workers. The company also said an investigation revealed the temporary workers used fake names and credentials in the hiring process.
The company also provided a comment about the consent order and lawsuit, available below.
"On March 22, 2024, Tuff Torq entered into a consent decree with the Department of Labor (DOL) acknowledging recent violations of the Fair Labor Standards Act (FLSA).
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.
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."