SF. JAMES, Minnesota (FOX 9) – Meat packing company Smithfield Packaged Meats Corp. was fined $2 million after a state inspection found it was illegal employment of 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 the St. James in Smithfield as part of a two-year audit period.

The investigation found that Smithfield employed at least 11 minors between the ages of 14 and 17 during the period.

The DLI also found that Smithfield employed nine of the 11 minors after the hours allowed by state law — 9 p.m. for those under 16 and 11 p.m. before a school day for those ages 16 and 17.

In addition to working minors, DLI found that all of the workers were performing hazardous tasks, such as working near chemicals or other hazardous substances, operating motorized machinery, and operating lifts, elevators, or non-automated lifting machines.

A consent order requires Smithfield to pay an administrative penalty of $2 million – the largest penalty DLI has recovered in a child labor enforcement action.

The order also requires Smithfield to contractually require child labor compliance from its employment agencies and sanitation contractors and take other significant steps to ensure future child labor compliance.

The company’s response

In response to the fine, Smithfield released a statement saying the company denies ever knowingly employing anyone under the age of 18 to work at its St. James.

“We wholeheartedly agree that people 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. In addition, we require our suppliers, including our third-party sanitation providers, to follow this policy.”

The company said it screens all potential employees through a federal system that validates employment eligibility based on records known as E-Verify.

However, “E-Verify does not prevent identity theft or document fraud, nor does it detect all such incidents when they occur,” the company said in a statement. The company went on to claim that all 11 alleged minors passed the E-Verify system using false identification.

The company says it is “committed to maintaining a safe workplace and complying with all applicable labor laws and regulations.”

What the officials say

“It is unacceptable for a company to employ underage children to perform dangerous work late at night. This illegal behavior affects the health, safety and well-being of children and their ability to focus on their education and future. Combating illegal child labor in Minnesota is a priority for DLI and will continue to devote resources to addressing and resolving these violations,” DLI Commissioner Nicole Blissenbach said in a statement. “DLI’s settlement with Smithfield sends a strong message to employers, including in the meat processing industry, that child labor violations will not be tolerated in Minnesota.”