ST. JAMES, Minn. (FOX 9) – Meatpacking company Smithfield Packaged Meats Corp. has been fined $2 million after an inspection by state authorities found it was illegally employing underage workers at an operation in St. James, Minnesota.
Alleged violations
On April 13, 2023, the Minnesota Department of Labor and Industry (DLI) conducted an on-site inspection of Smithfield’s St. James food production facility as part of a two-year audit period.
The investigation found that Smithfield employed at least 11 minor children between the ages of 14 and 17 during the period.
The DLI also found Smithfield employed nine of the 11 minor children after hours allowed by state law – 9 p.m. for those under 16 years old, and 11 p.m. before a school day for those aged 16 and 17.
In addition to the minors working, the DLI found that all the workers were performing hazardous tasks such as working near chemicals or other hazardous substances, operating power-driven machinery and operating non-automatic elevators, lifts or hoisting machines.
A 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 contractually require child labor compliance with its labor staffing agencies and sanitation contractors, and take other significant steps to ensure future child labor compliance.
Company response
In a response to the penalty, Smithfield released a statemenet saying the company denies ever knowingly hiring anyone under the age of 18 to work at its St. James facility.
“We wholeheartedly agree that individuals under the age of 18 have no place working in meatpacking or processing facilities,” Smithfield said in a statement. “As a matter of policy, Smithfield Foods, Inc. and its subsidiaries do not employ anyone under the age of 18 to work in any of our processing facilities. Additionally, we require our suppliers, including our third-party sanitation service providers, to follow this policy.”
The company said it screens all prospective employees through a federal system that validates employment eligibility based on records known as E-Verify.
However, “E-Verify does not prevent incidences of identity theft or document fraud or detect all such incidences when they occur,” the company said in a statement. The company went on to claim that all 11 alleged underage individuals passed the E-Verify system by using false identification.
The company says it is “committed to maintaining a safe workplace and complying with all applicable employment laws and regulations.”
What officials say
“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 in a statement. “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.”
