Employer Cited for Illegally Employing Children in Tennessee

Recently, a Tennessee parts supplier for John Deere and Yamaha was fined $296,951 after the Wage and Hour Division confirmed that as many as ten children as young as 14 years old were working in the factory, illegally employing children. According to Jessica Looman in a press release, she indicated that even one child working in a dangerous environment is too many. Evidently, there has been an alarming increase in child labor violations where children are in danger. One child was operating a power-driven hoisting apparatus like a forklift. Workers under 18 years old are not permitted to operate dangerous machinery.

Factory’s Response and Financial Penalties

The factory claims to have employed a temp agency and does not employ minors. According to Knox News, the factory is required to set aside $1.5 million in profits made during the children’s employment, which will be distributed to these children.[1]

Federal Child Labor Laws

According to the Department of Labor, minors must be at least 14 years old to be employed in non-agricultural workplaces. Certain restrictions apply, such as not working before 7:00 am or after 7:00 pm.[2]

The Department of Labor’s Wage and Hour Division administers and enforces federal labor laws. The Fair Labor Standards Act sets the minimum age for workers at 14 for non-agricultural jobs, provides restrictions on work hours for children under 16, and prohibits workers under the age of 18 from working in hazardous occupations.

Tennessee Child Labor Laws

In addition to the federal child labor provisions of the Fair Labor Standards Act (FLSA), 29 U.S.C. 292(c), and the FLSA regulations at 29 CFR Part 570, employers in Tennessee are subject to Tennessee’s Child Labor Act. The law is designed to ensure that any work performed by youth does not jeopardize their health and well-being, nor does it affect their educational opportunities.

Working Hours for Minors in Tennessee

14- and 15-year-olds:

• When school is in session: No more than 3 hours per day, between 7:00 am and 7:00 pm, and no more than 18 hours per week.
• When school is not in session: No more than 8 hours per day, between 6:00 am and 9:00 pm, and no more than 40 hours per week.

16- and 17-year-olds:

• May not be employed between 10:00 pm and 6:00 am, Sunday through Thursday, on nights preceding a school day.

Mandatory Meal Breaks for Minors

Tennessee law requires employers to provide minors with a 30-minute unpaid meal break if they are scheduled to work six consecutive hours.

Prohibited Hazardous Jobs for Minors

Minors are prohibited from working in dangerous jobs such as:[3]

• Meat processing and slicing
• Power-driven saws
• Power-driven woodworking machinery
• Roofing
• Driving
• Compactors and balers
• Explosives
• Forklifts and skid-steers
• Demolition
• Mining
• Logging, forestry, and sawmilling
• Power-driven bakery machines
• Radioactive material
• Brick and tile
• Working with metal
• Trenching and excavation[4]

Additional Resources

You may download the Tennessee child labor poster that outlines the rules here: Tennessee Child Labor Poster.

Conclusion

Many of us remember our first job. It is crucial to ensure that when minors are in the workplace, employers comply with the law and create a positive experience that fosters their growth and success.

[1] https://www.knoxnews.com/story/news/crime/2024/03/26/tuff-torq-corp-owes-penalty-compensation-child-labor-violation-us-deparment-labor/73104203007/
[2] https://www.dol.gov/agencies/whd/fact-sheets/52-healthcare-child-labor
[3] https://www.tn.gov/workforce/employees/labor-laws/labor-laws-redirect/child-labor.html
[4] https://www.dol.gov/agencies/whd/child-labor/what-jobs-are-off-limits