U.S. Department of Labor

11/29/2024 | Press release | Distributed by Public on 11/29/2024 08:02

Qvest LLC must pay $171K after federal investigators find sanitation contractor employed 11 children at Sioux City pork processing plant

News Release

Qvest LLC must pay $171K after federal investigators find sanitation contractor employed 11 children at Sioux City pork processing plant

2nd contractor employed children to do dangerous work at Seaboard Triumph Foods

SIOUX CITY, IA - The U.S. Department of Labor has found a second sanitation contractor at the Seaboard Triumph Foods LLC facility that employed children to perform dangerous work during overnight shifts at its Sioux City pork processing plant.

Under a consent order and judgment, approved by the U.S. District Court for the Northern District of Iowa on Nov. 27, 2024, Qvest LLC must pay $171,919 in child labor civil money penalties, hire a third-party to review and implement company policies to prevent the employment of children in violation of the Fair Labor Standards Act and establish a process for reporting concerns about the illegal employment of children.

The judgment follows an investigation by the department's Wage and Hour Division that foundthe Guymon, Oklahoma, sanitation contractor employed 11 children to use corrosive cleaners to clean head splitters, jaw pullers, bandsaws, neck clippers and other equipment at the Seaboard Triumph Foods facility from at least September 2019 through September 2023.

Seaboard Triumph Foods contracted Fayette Janitorial Service LLC in September 2023 for sanitation work at its facility. In May 2024, the department entered into a consent order and judgment with Fayette after division investigators found the Somerville, Tennessee, contractor employed nine children illegally at the Sioux City pork processing facility. After Fayette took over the plant's sanitation services contract, Fayette rehired some of the children previously employed by Qvest.

Federal law forbids children under age 18 from being employed in dangerous jobs common in meat and poultry slaughtering, processing, rendering and packing operations.

"The U.S. Department of Labor is determined to end the illegal employment of children in our nation's workplaces," said Regional Solicitor Christine Z. Heri. "We are committed to using all strategies to stop and prevent unlawful child labor and holding all employers legally responsible for their actions. Children should never be hired to perform dangerous and prohibited tasks."

In addition to the payment of penalties for the child labor violations, the consent order and judgment requires Qvestto do the following:

  • 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 annual training at all facilities the company operates and monitor and audit Qvest's compliance for at least three years.
  • Provide training and materials on child labor compliance in languages understood by employees.
  • Maintain accurate records of all employees, including date of birth and work tasks assigned.
  • Establish a toll-free hotline for guidance and/or to report child labor compliance concerns anonymously.
  • Take measures within 60 days to ensure the company is not employing any workers under the age of 18 in jobs prohibited by the FLSA.
  • Submit an initial compliance report and annual reports thereafter for three years to the department verifying compliance with child labor laws.

"These findings illustrate Seaboard Triumph Foods' history of children working illegally in their Sioux City facility since at least September 2019. Despite changing sanitation contractors, children continued to work in dangerous occupations at this facility," said Wage and Hour Midwest Regional Administrator Michael Lazzeri.

In fiscal year 2024, the division concluded 736 investigations uncovering child labor violations that affected 4,030 children, and assessed employers more than $15.1 million in penalties for violating federal child labor laws,an 89 percent increase since 2023.

Learn more about the Wage and Hour Division, including child labor regulations on dangerous jobs that are prohibited for workers under age 18.

For more information about the FLSA and other laws enforced by the agency, contact the division's toll-free helpline at 866-4US-WAGE (487-9243). Workers and employers can call the division confidentially with questions and the division can speak with callers in more than 200 languages.

U.S Department of Labor v. Qvest LLC

Civil Action: 5:24-cv-04060-CJW-MAR

Agency
Office of the Solicitor
Date
November 29, 2024
Release Number
24-2350-KAN
Media Contact: Scott Allen
Phone Number
312-353-4727
Media Contact: Rhonda Burke
Phone Number
312-353-4807
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