Department of Labor seal. (Department of Labor/)
The US Department of Labor has fined a parts supplier for Yamaha, John Deere, and mower manufacturer Toro for illegally employing children, according to the Knoxville News-Sentinel. The Department of Labor’s Office of the Solicitor levied a $296,951 civil penalty against Tuff Torq Corporation, and is making the company set aside $1.5 million in profits. The money will be used to benefit the children who were employed illegally, according to a news release.
The department obtained a consent judgment in the US District Court for the Eastern District of Tennessee. The consent judgment requires Tuff Torq, in addition to the fine and profit forfeit, to stop employing children and follow US labor laws going forward.
The complaint said the department determined that Tuff Torq had “subjected 10 children to oppressive child labor.” According to the release, the department had been investigating Tuff Torq for months, but on January 23 investigators at the facility saw a child using a “power-driven hoisting apparatus,” the release said. That kind of work is prohibited for employees under 18, according to the department. Investigators then objected to a shipment of goods from Tuff Torq under the “hot goods” provision, which stops items that were made with illegal child labor from being shipped.
In a statement, Tuff Torq said the workers were temporary staff hired through a temp agency and said that they had provided false information during the hiring process with the staffing agency. Here is Tuff Torq’s full response:
“The DOL did identify temporary workforce employees at the Tuff Torq facility that were subject to child labor violations.
“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.
“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.”
Yamaha did not address specifics of the case, but issued a statement in support of fair labor standards.
“Upholding ethical labor practices is paramount to Yamaha,” Yamaha spokesman Scott Newby said in an email. “It is also essential [that] Yamaha’s supply chain reflects our values of integrity, respect, and fairness, and we will continue to work diligently to uphold these principles in all aspects of our business operations.”
The consent decree also requires Tuff Torq to contract a community-based organization to train employees and contractors, establish an anonymous tip line to report child labor, allow unannounced and warrantless searches of its operation for three years, not enter into new contracts with contractors or staffing agencies with child labor violations, and require contractors to disclose child labor violations and their hiring protocols.
UTV Driver reached out to John Deere for comment but had not received a response by press time.
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