Kingsport-based staffing agency fined for 'oppressive' child labor

GREENEVILLE — Luttrell Staffing, a staffing agency based in Kingsport, is facing $121,572 in civil penalties for violating federal child labor laws.The consent order and judgment was filed on Aug. 12 in the U.S. District Court for the Eastern District of Tennessee, located in Greeneville.A release by the U.S. Department of Labor states the actions followed a federal investigation uncovering oppressive child labor at a Morristown manufacturing facility. The facility produces outdoor power equipment for companies including John Deere, Toro and Yamaha.Eight minors were sent to work at the facility by Luttrell Staffing. The underage employees worked at Tuff Torq Corp. without having an accurate date of birth on record, with one of them being observed "operating a power-driven hoisting apparatus," according the court-filed complaint."The court's action reflects the U.S. Department of Labor's relentless pursuit of any employer that endangers children by employing them to work in dangerous jobs," Regional Solicitor Tremelle Howard said in the release. "Staffing agencies have a responsibility to make sure children are not being employed illegally and that their safety and well-being are never jeopardized in the pursuit of profit."The agency provides employers with workers at 40 locations across California, Illinois, Kentucky, Tennessee, Vermont and Virginia. Employees work in "light industrial, warehouse, general and skilled labor, construction, and office and clerical jobs," according to the release.Luttrell Staffing has a corporate headquarters in Kingsport at 1040 Tidewater Court."When employers fail to keep children in our communities safe from workplace dangers, the U.S. Department of Labor will act swiftly to hold violators accountable for their actions," Wage and Hour Regional Administrator Juan Coria said in the release. "This case affirms our commitment to hold all employers, including staffing agencies, accountable when they violate federal child labor laws."Company's responseMary Wagner, president and CEO of Luttrell Staffing Agency, said the minor employees misrepresented their age during the hiring and onboarding process."Luttrell Staffing Group would never knowingly violate child labor laws, particularly by placing a minor in a hazardous position," Wagner said in statement to the Times News on Wednesday morning. "At the time of the audit, 2 of the 8 individuals identified by the DOL were still working. One of which the DOL cited was a 17-year-old working in a restricted capacity."She said the workers provided "fraudulent documentation of someone else's identity," making it past the E-Verify system."The issue of fraud is growing, particularly concerning identity theft for employment purposes," said Wagner. "Luttrell Staffing Group is taking this matter very seriously and enhancing our current processes to confirm the authenticity of documentation and ensure that workers can legally perform their assigned work."Required changesAlong with paying the civil penalties, Luttrell Staffing was also ordered to take the following actions:• Provide the Wage and Hour Division with a list of all children employed, including specifying the age, current and anticipated hours of work, job duties assigned and types of machines the child operates.• Hire a third-party compliance specialist for a period of three years to monitor compliance with the FLSA's child labor provisions.• Submit a report to the division within 180 days, outlining steps taken to comply with FLSA child labor requirements and then provide annual reports with updates.• Use the division's Youth Employment Compliance Assistance Toolkit to identify materials for use in training managers and employees, provided in a language understood by all individuals.• Coordinate with the compliance specialist for three years to provide child labor compliance training to all management personnel twice a year and to provide training as part of the company's orientation process for all new managers.• Establish a toll-free number that allows employees to report violations anonymously.• Add child labor provisions in the template for contracts with all clients. Contracts must also include the compliance specialist's name and contact information to allow clients to contact them directly with questions or concerns regarding child labor violations.