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CHILD LABOR LAWS

 WalMart protest
The United Food and Commercial Workers International Union (UFCW) supports “The Safe at Work Act” introduced by Congressmembers Rosa DeLauro (D-CT) and George Miller (D-CA).  This bill would prevent the Department of Labor (DOL) from providing advance notice to companies prior to investigating wage-and-hour law complaints (H.R. 4190).  Such advance notice provides companies with ample time to cover up labor violations. 

Last year, the DOL entered into just such a sweetheart deal with Wal-Mart after the company was found breaking child labor laws in three states.  In the   settlement Wal-Mart was fined a measly $135,540 (which amounts to only 15 seconds of sales for Wal-Mart) to settle charges of 24 child labor violations that included 85 minors who performed prohibited activities. 

Even more egregious than the fine, the DOL’s deal allowed Wal-Mart to receive a 15-day advance notice on any future child labor investigations and an additional ten days to come into compliance.  Advance notice gave Wal-Mart ample time to disguise any child labor violations before any investigation would be launched.  This sweetheart deal expired earlier this year but nothing stops the DOL from again offering any company a similar deal.

Clearly, giving a company time to cover up labor law violations runs counter to the responsibility of the DOL to enforce federal child labor laws.  Late last year, the DOL’s Inspector General released a report that found “serious breakdowns” in the department’s “negotiating, developing and approving” of such agreements and said the arrangement was “significantly different from other agreements.”  The report concluded, “Specifically the Wal-Mart agreement had the most far-reaching restriction on [the division’s] authority to conduct investigations and assess [civil money penalties].”  Without the I.G.s strong statements, it is uncertain whether the sweetheart deal would have ended or whether the DOL would have continued the deal.

UFCW strongly opposes such sweetheart deals and supports Congressional efforts to stop future deals that weaken child labor laws.  “The Safe at Work Act,” would legally prohibit the Department of Labor from advance notices pertaining to child labor laws.  Labor law violators should be held accountable for their actions, and should not be permitted to cover up or hide such violations. 

UFCW urges Congressmembers to support H.R. 4190 by cosponsoring this important legislation.  This legislation will ensure that the Federal Government ensures the safety of our children and empower the enforcement agency to appropriately investigate any allegations of child labor law violations.

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