DLI investigation finds Smithfield Packaged Meats Corp. illegally employed minor children, company will pay $2 million penalty

The Minnesota Department of Labor and Industry (DLI) has entered into a consent order with Smithfield Packaged Meats Corp. to resolve a child labor compliance order DLI issued to the company. The consent order requires Smithfield to pay a $2 million administrative penalty, the largest penalty DLI has recovered in a child labor enforcement action. The order also requires Smithfield to:  conduct industry outreach related to child labor compliance; contractually require child labor compliance with its labor staffing agencies and sanitation contractors; and take other significant steps to ensure future child labor compliance.

DLI's investigation covered a two-year audit period – April 13, 2021, through April 13, 2023 – and found Smithfield employed at least 11 minor children between the ages of 14 and 17 during this time, three of whom began working for the company when they were 14 years old. Among other child labor violations, DLI found Smithfield employed nine of the 11 minor children after the hours allowed by state law – after 9 p.m. for those under 16 years old and after 11 p.m. before a school day for those 16 or 17 years old.

DLI also found all 11 minor children performed hazardous work for Smithfield, including:  working near chemicals or other hazardous substances; operating power-driven machinery, including meat grinders, slicers and power-driven conveyor belts; and operating nonautomatic elevators, lifts or hoisting machines, including motorized pallet jacks and lift pallet jacks.

"It is unacceptable for a company to employ minor children to perform hazardous work late at night. This illegal behavior impacts children's health, safety and well-being and their ability to focus on their education and their future. Combatting unlawful child labor in Minnesota is a priority for DLI and it will continue to devote resources to addressing and resolving these violations," said DLI Commissioner Nicole Blissenbach. "DLI's resolution with Smithfield sends a strong message to employers, including in the meat processing industry, that child labor violations will not be tolerated in Minnesota."

In fall 2023, DLI entered into a consent order with another meat processing company to address and resolve the company's violations of Minnesota child labor law. Additionally, earlier in 2023, the U.S. Department of Labor's Wage and Hour Division penalized a food safety sanitation service provider for employing minor children in hazardous occupations at meat processing facilities in eight states, including Minnesota.

Minnesota's Legislature passed amendments to the Minnesota Child Labor Standards Act (MCLSA) in 2024 to better protect minor children and to discourage employers from violating child labor law. Among other things, these changes created an anti-retaliation provision in MCLSA and established liquidated damages for minor children employed in hazardous employment in violation of MCLSA. These changes became effective Aug. 1, 2024.

Additional information about employer responsibilities under MCLSA is online at dli.mn.gov/child-labor. To submit a child labor complaint or to ask questions about child labor restrictions or other workplace rights, contact DLI's Labor Standards Division at 651-284-5075 or dli.laborstandards@state.mn.us.

Media contact:  James Honerman at 651-284-5313 or james.honerman@state.mn.us.