ST. PAUL MINN. — The Minnesota Department of Labor and Industry (DLI) recently confirmed that Smithfield Foods Inc. agreed to pay $2 million after the conclusion of the investigation into child labor violations.
The consent order by the Minnesota DLI claimed that the meat processor employed 11 minors at the St. James, Minn., facility between April 13, 2021, and April 13, 2023.
With the settlement, Smithfield Foods committed to complying with all applicable employment laws and regulations. Hazardous conditions prohibit companies from employing people younger than 18 to work in meat processing facilities.
Smithfield provided a statement after the investigation concluded that contests DLI’s claims of it knowingly hiring anyone under the age of 18 to work at the plant.
“We have not admitted liability as part of this settlement; however, in the interest of preventing the distraction of prolonged litigation, we have agreed to settle this matter,” the company said in a statement. “Smithfield is committed to maintaining a safe workplace and complying with all applicable employment laws and regulations. We wholeheartedly agree that individuals under the age of 18 have no place working in meatpacking or processing facilities.”
State officials stated in its notice that this was the largest DLI penalty recovered in terms of child labor enforcement action.
“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,” said Nicole Blissenbach, commissioner of Minnesota’s DLI.
Smithfield added in its remarks that all 11 minors passed the E-Verify system by using false identification with each person using a different name to obtain employment with Smithfield than the name which DLI identified them to Smithfield.
Proactive steps Smithfield said it would take include:
- Consistent and increased communications within the company to reinforce our policy prohibiting the employment of minors, which emphasize that all our employees – especially supervisors – are responsible for enforcing this prohibition and for raising any concerns about underage workers.
- Additional signage at processing facilities with reminders that all employees must be over the age of 18 and stressing the importance of vigilance and reporting any concerns.
- Refresher training for all human resources staff on I-9 procedures, detecting identity fraud among job candidates and new hires, and detecting document irregularities and informational inconsistencies that might suggest that a candidate or new hire is under the age of 18.
- I-9 audits conducted as part of the company’s internal program of human resources audits.
- Visual inspection protocols for all shifts with enhanced visual screening for temporary workers and employees of third-party sanitation contractors. The inspection protocols require, among other things, that temporary and contract sanitation workers be issued a Smithfield ID badge with a photo of the worker only after their identity is confirmed. On-site security staff, as well as Smithfield managers will compare workers’ faces to the photos on their badge IDs.
- Annual Sedex Members Ethical Trade Audit (SMETA) audits, including during third shifts when sanitation contractors are present at the facility.
- Continuing to have in place and publicize a Code of Business Conduct and Ethics that prohibits all human rights abuses, including the employment of minors.
- Distributing an enhanced policy specifically targeting the prohibition against underage labor and making all employees, particularly supervisors and above, responsible for reporting any violations of that policy.
The Minnesota DLI stated that Smithfield Foods agreed to conduct industry outreach to inform others about child labor laws and best practices for employer compliance.
In Sept. 2023, a different investigation by Minnesota DLI led to a $300,000 settlement with meat processor Tony Downs Food Co. after the agency found minors working in hazardous positions.
