Smithfield Foods will be subject to a $2 million penalty for employing eleven minors over night- cleaning shifts at their St. James, MN. plant between April 2021 and 2023. The Minnesota Department of Labor and Industry determined that Smithfield employed eleven minors aged 14 to 17 in violation of state law over the 12-month period. The implicated workers served beyond permissible hours carrying out hazardous tasks and using mechanical equipment reserved for adults.
Smithfield will not have to admit liability in terms of the settlement and has agreed to comply strictly with state labor laws extending to staffing agencies and contractors. In mitigation, Smithfield claimed to have screened individuals through E-Verify to ensure eligibility. As with other companies in meat processing Smithfield is subject to deficiencies of the current E-Verify system.
Notwithstanding this defense, management should be able to recognize that workers engaged in cleaning on a night shift are possibly underage and obtain confirmation of eligibility in the event of questionable appearance. Relying on contractors is not a justifiable defense.