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Tennessee sawmill penalized $73K for child labor law violations

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Katelyn Walker Mooney Acting Assistant Secretary for Policy | Official Website

The U.S. Department of Labor has secured a federal consent decree against Plateau Sawmill LLC, a lumber producer in Clarkrange, Tennessee. The company is required to cease violations of federal child labor laws, pay penalties, and surrender profits earned during the period of violation.

The decree was entered in the U.S. District Court for the Middle District of Tennessee on July 15, 2024. This action follows an investigation by the department’s Wage and Hour Division that found Plateau Sawmill employed three children under the age stipulated by the Fair Labor Standards Act (FLSA). The investigation revealed two children as young as 14 were employed at the sawmill to unload wooden boards from a conveyor belt, violating FLSA provisions. Additionally, a 13-year-old was found working there, breaching the minimum age requirement of 14 years for non-agricultural work. These minors began their shifts at 6 a.m., which is earlier than permitted by law.

As part of the court order, Plateau Sawmill must pay $73,847 in civil penalties and surrender $10,000 in profits made between May 26 and June 26, 2024. These funds are intended to benefit the children who were illegally employed.

“Federal labor laws protect children from being employed in dangerous jobs. By employing minors to do hazardous work, Plateau Sawmill put children at risk of serious harm or worse,” said Wage and Hour Regional Administrator Juan Coria in Atlanta. “Once we learned of the employer’s violations, the Department of Labor acted immediately to hold the company accountable for failing to protect these children.”

In addition to financial penalties and profit forfeiture, Plateau Sawmill has agreed to comply with several other measures:

- Audit all machinery at its facilities to identify equipment deemed hazardous by FLSA standards and mark them with stickers indicating they cannot be operated by anyone under 18.

- Review and enhance existing policies and training materials related to compliance with federal child labor regulations.

- Impose disciplinary actions such as termination or suspension for any manager responsible for child labor violations or retaliation against employees reporting suspected violations.

- Allow unannounced inspections without warrants for five years.

- Refrain from retaliatory actions against employees or their family members who file complaints regarding FLSA issues.

“This consent decree holds Plateau Sawmill accountable while also discouraging future violations,” stated Regional Solicitor Tremelle Howard in Atlanta. “We’ve seen an alarming rise of child labor violations in recent years across the nation. The action announced today sends a clear message that we will not tolerate companies profiting on the backs of children employed unlawfully in dangerous occupations.”

In fiscal year 2023 alone, there were investigations into 955 cases involving child labor violations affecting nearly 5,792 children nationwide; among them were 502 cases where hazardous occupation standards were breached. As a result, over $8 million was assessed against employers in civil money penalties.

Founded in Clarkrange in 2015 with approximately nine employees, Plateau Sawmill now faces increased scrutiny due to this legal action.

For more information about child labor regulations or confidential compliance assistance regarding wages or legal adherence queries can contact the division's helpline at 866-4US-WAGE (487-9243), offering services available in over 200 languages.

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