ACCOMAC, VA - The U.S. Department of Labor (DOL) has announced nearly $650K in penalties for a janitorial company accused of employing children as young as 13 in overnight sanitation shifts at slaughter and meat packing facilities including Perdue Farms in Accomac, VA.
The Department of Labor says a federal court this week approved a consent order and judgment between the Department and Tennessee cleaning contractor Fayette Industrial requiring the fines, a third-party review of company policies, and the establishment of a reporting program to address concerns of illegally employing children.
The order, filed Monday, May 6th, follows a lengthy investigation into allegations of child labor violations by Fayette in which the DOL found the sanitation company had employed at least 24 children in cleaning shifts at facilities in Sioux City, Iowa and Accomack County.
An injunction to cease child labor violations was previously filed and granted against the company.
In February, Perdue Farms told WBOC they had severed ties with the janitorial contractor.
"Underage labor has no place in our business or our industry," a Perdue spokesperson said. "Perdue has strong safeguards in place to ensure that all associates are legally eligible to work in our facilities—and we expect the same of our vendors."
A federal investigation into the child labor violations was spurred by a New York Times Magazine report of underage sanitation workers at poultry plants in Accomack County, documenting the severe injury of at least one 14-year-old Parksley boy while he was cleaning a conveyor belt.
Court documents filed earlier this year by the Department of Labor claim Fayette informed Perdue the 14-year-old was injured on February 4th, 2022 and was hospitalized for twelve days. Despite being told the injured employee was a minor, Fayette continued to employ the child for nearly another month, according to the injunction request filed in February of this year.
“The Department of Labor is determined to stop our nation’s children from being exploited and endangered in jobs they should never have been near,” said Regional Solicitor Christine Heri. “Children in hazardous occupations drove the Fair Labor Standards Act’s passage in 1938. Yet in 2024, we still find U.S. companies employing children in risky jobs, jeopardizing their safety for profit. We are committed to using all strategies to stop and prevent unlawful child labor and holding all employers legally responsible for their actions.”
Fayette, in addition to the $649,304 penalty payment, will be required to do the following as part of the consent order and judgment:
-Hire a third-party consultant or compliance specialist with knowledge and experience in complying with the FLSA’s child labor provisions within 90 days.
-Direct the compliance monitor to review company policies immediately, provide training at all facilities the company operates and monitor and audit Fayette’s compliance for at least 3 years.
-Maintain accurate records of all employees, including date of birth and work tasks assigned.
-Impose disciplinary sanctions, including termination and/or suspension, on any management personnel responsible for child labor violations after the date of the consent judgment.
-Establish a toll-free hotline number for people to seek guidance and/or to report child labor compliance concerns anonymously.