Federal court mandates staffing agency halt illegal employment practices involving minors

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Federal court mandates staffing agency halt illegal employment practices involving minors

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Julie Su Acting United States Secretary of Labor | Official Website

The U.S. Department of Labor has secured a consent judgment in a Tennessee federal court requiring a Kingsport staffing agency to cease employing children illegally and prohibiting future violations of federal child labor laws.

This decision follows an investigation by federal authorities that revealed oppressive child labor at a Morristown manufacturing facility producing outdoor power equipment for companies such as John Deere, Toro, and Yamaha.

Entered on August 12, 2024, in the U.S. District Court for the Eastern District of Tennessee, the court's action came after the Wage and Hour Division discovered several children working in hazardous conditions at a plant operated by Tuff Torq Corp. The division found that Professional Personnel Service Inc., operating as Luttrell Staffing in Kingsport, employed these children in violation of the Fair Labor Standards Act's child labor provisions.

“The court’s action reflects the U.S. Department of Labor’s relentless pursuit of any employer that endangers children by employing them to work in dangerous jobs,” explained Regional Solicitor Tremelle Howard in Atlanta. “Staffing agencies have a responsibility to make sure children are not being employed illegally and that their safety and well-being are never jeopardized in the pursuit of profit.”

Besides mandating compliance with federal child labor regulations, the court ordered Luttrell Staffing to pay $121,572 in civil money penalties.

“When employers fail to keep children in our communities safe from workplace dangers, the U.S. Department of Labor will act swiftly to hold violators accountable for their actions,” said Wage and Hour Regional Administrator Juan Coria in Atlanta. “This case affirms our commitment to hold all employers, including staffing agencies, accountable when they violate federal child labor laws.”

Luttrell Staffing must also undertake several measures:

- Provide the Wage and Hour Division with a list of all employed children, specifying age, current and anticipated hours of work, job duties assigned, and types of machines operated.

- Hire a third-party compliance specialist for three years to monitor adherence to FLSA’s child labor provisions.

- Submit an initial report within 180 days outlining steps taken to comply with FLSA requirements followed by annual updates.

- Utilize the division’s Youth Employment Compliance Assistance Toolkit for training managers and employees.

- Coordinate with the compliance specialist for three years to provide biannual child labor compliance training for management personnel and include this training during new manager orientation.

- Establish a toll-free number allowing employees to report violations anonymously.

- Incorporate child labor provisions into contracts with clients along with contact information for the compliance specialist.

Luttrell Staffing operates across 40 locations in California, Georgia, Illinois, Kentucky, Tennessee, Vermont, and Virginia. The company provides workers for light industrial jobs among other sectors.

In fiscal year 2023 alone, the department investigated 955 cases involving child labor violations affecting 5,792 children nationwide—an increase of 88 percent since 2019—and imposed over $8 million in civil money penalties.

The division offers confidential compliance assistance through its toll-free helpline at 866-4US-WAGE (487-9243), available in more than 200 languages.

Further information about Wage and Hour Division regulations can be found on their official website.

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