Kids as young as 14 were found working at a Tennessee factory that makes lawn mower parts

Laura Strickler
Tue, March 26, 2024 

Immigrant children as young as 14 were found working illegally amid dangerous heavy equipment at a Tennessee firm that makes parts for lawn mowers sold by John Deere and other companies, according to Labor Department officials.

The company, Tuff Torq, was fined nearly $300,000 for hiring 10 children. As part of a consent agreement with the federal government, the company is also required to set aside $1.5 million to help the children who were illegally employed. Ryan Pott, general counsel for Tuff Torq’s majority owner, the Japanese firm Yanmar, acknowledged the violations to NBC News.

“The department will not tolerate companies profiting on the backs of children employed unlawfully in dangerous occupations,” said Seema Nanda, the department’s chief legal officer, whose office obtained the consent judgment against Tuff Torq. “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.”

Tuff Torq Corporation (Google)

The Labor Department did not specify what work the children were doing. But Labor official Juan Coria said what his investigative team found in Tuff Torq’s “very busy” Morristown manufacturing plant was “astonishing.”

Coria, southeast regional administrator for the Labor Department’s Wage and Hour Division, described an environment that he says caused anxiety among his investigators who witnessed children as young as 14 working late at night at the 24-hour manufacturing facility amid power-driven equipment that was being moved around the plant.

Pott, the general counsel for Tuff Torq’s majority owner, said the child workers were temporary and were not hired directly by Tuff Torq. He said they used fake names and false credentials to obtain jobs through a temporary staffing agency, and said Tuff Torq is “transitioning” away from doing business with the staffing company.

“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,” said Pott. “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.”

According to the Labor Department, within 30 days Tuff Torq must also hang signs at every entrance to the plant that say, “Stop! You must be at least 18 years of age to enter and work in this building.”

Nanda said through such agreements the agency is sending a message to the company and its whole community of suppliers and contractors. “They will look at their supply chain meaning their contractors, their staffing agencies, and make sure that they are doing these things as well.”

John Deere did not respond to a request for comment.

Labor officials say their investigation into the company began almost a year ago, in spring 2023, and investigators visited the facility multiple times. Officials declined to say what sparked the investigation.

The Labor Department has prioritized child labor enforcement since last spring amid a 152% increase in children found to be illegally employed since 2018, according to department figures.

This article was originally published on NBCNews.com

Tennessee parts supplier for John Deere, Yamaha fined for illegally employing children. What to know

Keenan Thomas, Knoxville News Sentinel

Updated Tue, March 26, 2024

The U.S. Department of Labor’s Office of the Solicitor is cracking down on Morristown manufacturer Tuff Torq Corporation for illegally employing children as young as 14-years-old.

Tuff Torq will pay a $296,951 penalty after the department's Wage and Hour Division confirmed several children worked for the outdoor power equipment parts manufacturer. Additionally, Tuff Torq will set aside $1.5 million from profits made during the kids' employment, which will go to the kids illegally employed.

The department received the federal consent judgement to hold Tuff Torq Corporation accountable and make sure the company complies with federal child labor laws.

“Even one child working in a dangerous environment is too many,” Wage and Hour Division administrator Jessica Looman said in a press release. “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.”

U.S. Department of Labor headquarters
How many kids did Tuff Torq Corporation employ illegally?

The department determined that 10 kids illegally worked for Tuff Torq under opressive child labor conditions.

The Wage and Hour Division began probing in 2023, but received proof of the unlawful work Jan. 23, 2024. On that day, investigators witnessed a child operating a "power-driven hoisting apparatus" like a forklift. Workers under 18 are prohibited from operating this type of machinery.

The department filed the action against Tuff Torq Corporation March 22, 2024, in the U.S. District Court for the Eastern District of Tennessee at Greeneville.
What does Tuff Torq Corporation say about the Department of Labor findings?

Yanmar Group, who owns Tuff Torq Corporation, emailed a statement to Knox News.

Yanmar states that "Tuff Torq did not directly hire and employ the individuals" and that the minors were provided through a "temporary workforce staffing agency."

Yanmar adds the employees used fake idenentification and names during the hiring process through the agency.

"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," Yanmar spokesperson Ryan Pott said in the email. "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."
What else will Tuff Torq Corporation have to do under the judgement?

Tuff Torq Corporation will stop employing children and comply with federal child labor laws moving forward. In addition to the penalty and payments, Tuff Torq Corporation agrees to do the following:

Work with community organizations to regularly train staff, managers and contractors


Create a tip line for anonymous reporting of child labor and other Fair Labor Standards Act (FLSA) violations


Allow unplanned and warrantless searches of the Tuff Torq Corporation facility for three years


Abstain from creating new contracts with staffing agencies or contractors with FLSA violations


Require contractors to disclose violations and hiring protocols before entering into contracts
What does Tuff Torq Corporation work in?

The manufacturer supplies power equipment parts for companies like John Deere, Toro and Yamaha. Tuff Torq Corporation invests in new technology, tests products and provides electric alternatives.

Tuff Torq Corporation operates at 5943 Commerce Blvd. in Morristown.
What are Tennessee's child labor laws?

Tennessee's Child Labor Act protects minors between the ages of 14 and 17 as they enter into the workforce. Protections under this act include hours working, types of jobs and exceptions for Work Based Learning Programs.

A few off-limits jobs and hazardous environments for workers under 18 include manufacturing establishments, meat packing, demolition and operation of power-driven hoisting apparatuses.

The Child Labor Act includes rules for hours minors can work throughout the week. Kids 14 and 15 can only work three hours a day during school days after 7 a.m. but before 7 p.m. for a total of 18 hours a week. When school isn't in session, minors can work up to eight hours a day between 6 a.m.-9 p.m. for up to 40 hours a week.

For kids 16 and 17, the rules are a little more flexibile as long as minors aren't working during classes and only between 6 a.m.-10 p.m. They can get a parental slip signed to work up until midnight, but only for a three days a week between Sunday and Thursday.

Minors also get a mandatory 30 minute break for every six hours of work in a day.
How many child labor violations has the U.S. Department of Labor investigated?

The department investigated 955 cases with child labor violations in 2023. This included 5,792 children nationwide with 502 of those kids employed in either violation or hazardous conditions.

As a result, the department assessed employers for more than $8 million in civil money penalties.

This article originally appeared on Knoxville News Sentinel: Tennessee parts supplier for John Deere fined for employing children


Manufacturing company ordered to turn over $1.5M in profits for child labor violations

LAURA ROMERO
Mon, March 25, 2024 

Manufacturing company ordered to turn over $1.5M in profits for child labor violations

A Tennessee parts manufacturer for major companies including John Deere and Yamaha has been ordered to turn over $1.5 million in profits after the Department of Labor found children employed in dangerous jobs.

"The U.S. Department of Labor's Office of the Solicitor has obtained a federal consent judgment that requires a Morristown manufacturer of outdoor power equipment components for major companies including John Deere, Toro and Yamaha to stop employing children illegally and to follow federal child labor laws in the future," the Labor Department said in a statement Monday.

The $1.5 million that the company, Tuff Torq, will have to turn over will be used to compensate victims, department officials said.

MORE: Labor Department cites meatpacking cleaning company for 'oppressive child labor' practices

The company was also fined $296,951 for subjecting "10 children to oppressive child labor," according to the department.

During their probe, investigators said they obtained clear evidence when they "observed a child operating a power-driven hoisting apparatus, an occupation prohibited for workers under the age of 18."

"The DOL did identify temporary workforce employees at the Tuff Torq facility that were subject to child labor violations," an attorney for Tuff Torq said in a statement. "The temporary workforce employees were provided to and placed at Tuff Torq by a temporary workforce staffing agency. Tuff Torq did not directly hire and employ the individuals. The violations investigation revealed that the temporary employees identified as child labor violations had utilized fake names and credentials in the staffing agency hiring process."

PHOTO: Tuff Torq Corporation in Morristown, Tenn. (Google Maps Street View)

"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," the attorney said.

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

Last year, the Labor Department investigated 955 cases of child labor violations, involving 5,792 children nationwide, including 502 children employed in violation of hazardous occupation standards.

Manufacturing company ordered to turn over $1.5M in profits for child labor violations originally appeared on abcnews.go.com