Labor & Employment Law Daily Wrap Up, DOL NEWS—$155K in back wages, benefits recovered; $1.8M awarded for dislocated workers; $280K safety penalty levied; whistleblower ordered reinstated, (Aug 8, 2025)

By Pamela Wolf, J.D.

A repeated child labor law violator will pay $385,000 in penalties following a prior investigation prompted by a 16-year-old worker’s death from being caught in a machine while cleaning it.

In separate developments, the DOL, through the work of its Wage and Hour Division (WHD), announced its recovery of $155,066 in back wages and fringe benefits for 19 workers at an employer in Colorado for FLSA and Davis-Bacon and Related Acts (DBRA) violations, and its imposition of a $385,000 child labor law penalty on an Alabama employer. The DOL’s Employment and Training Administration (ETA) awarded a $1.8 million National Dislocated Worker Grant (NDWG) to the Technical College System of Georgia to fund support services for people affected by layoffs at Georgia-Pacific LLC. Through OSHA, the DOL cited a Wisconsin employer with $280,110 in proposed penalties following an employee’ finger-tip amputations, and reinstated a railroad whistleblower with more than $300,000 in pay back wages, interest, damages, and attorney’s fees.

Federal project workers misclassified, no OT wages. The DOL recovered $155,066 in back wages and fringe benefits for 19 employees after the WHD found AAA Fire Protection Inc. violated the FLSA and the DBRA by underpaying workers on a project funded by the U.S. Department of Housing and Urban Development. The Colorado fire suppression company violated the DBRA when it incorrectly classified 16 employees as apprentices and failed to provide fringe benefits and proper prevailing wages. The company also ran afoul of the FLSA by neglecting to pay overtime premiums to employees working more than 40 hours in a workweek and failing to keep proper records.

“An employer cannot simply classify workers as apprentices and pay them a lower rate. Any workers classified as apprentices must be part of a registered apprenticeship program,” explained WHD District Director David Skinner in Denver. “Contractors can contact us for compliance assistance to learn how to properly classify workers to meet their legal obligation to pay them the wages and benefits they are rightfully due.”

Repeated child labor violations. Pursuant to a consent judgment, Mar-Jac Poultry AL LLC, will pay $385,000 in civil money penalties to resolve child labor law violations. The WHD found the Alabama poultry processor violated several FLSA child labor provisions, including illegally employing minors, some as young as 13 years old. The Gainesville, Georgia-headquartered employer permitted other minors to perform activities deemed hazardous and forbidden under federal law, such as operating a forklift, deboning and eviscerating poultry, and working on the kill floor. Further, Mar-Jac employed workers between 14 and 15 years old in occupations prohibited by child labor regulations, and employed workers between the ages of 14 and 15 to work outside of legally allowed hours, many on overnight shifts between 10 p.m. and 7 a.m.

More about the consent judgment. The consent judgment (which can serve as guidance for other employers) also requires the company to:

• Prevent children from working in any prohibited or hazardous occupations and prohibit hiring workers under 14 years old.

• Require new workers to meet with shift managers in person before their first day of work.

• Ensure hazardous equipment is properly marked with any age restrictions.

• Place signs at facility entrances to indicate that workers must be at least 18 years old.

• Keep a record for each worker detailing wages, hours, and other conditions of work, and include date of birth for all employees under 19 years of age.

• Hire a third-party compliance specialist for three years to monitor compliance with federal child labor laws; give quarterly child labor compliance training to all managers; and provide annual reports summarizing actions taken to comply with federal child labor laws.

• Update management training programs, training materials, and onboarding materials to include information regarding FLSA compliance.

• Impose disciplinary sanctions against management for child labor violations or retaliation against any employee that reports suspected child labor violations.

• Permit the WHD to enter its facilities during any shift without a warrant and produce requested documents within 72 hours without requiring a subpoena, for a period of three years.

Repeat violations. The DOL previously investigated Mar-Jac after a 16-year-old worker was fatally caught in a machine while cleaning it. The WHD in 2023 found that the company employed three 14- and 15-year-olds in prohibited occupations and had them work longer than legally allowed. Four minor-aged workers were also allowed to operate power-driven meat-processing machines and were involved in slaughtering as well as meat and poultry packing. As a result of these findings, Mar-Jac was assessed $150,000 in civil money penalties.

National grant to help dislocated workers in Georgia. The ETA awarded $1.8 million to the Technical College System of Georgia to support employment and training services for people affected by layoffs at Georgia-Pacific LLC. On May 14, 2025, Georgia-Pacific announced the permanent closure of their Cedar Springs containerboard processing mill, which will result in a mass layoff that was expected to begin August 1, 2025. Georgia-Pacific estimated that 535 individuals would be impacted by the closure. The NDWG will allow the Technical College System of Georgia to provide retraining and skills development services for dislocated workers seeking assistance in Baker, Calhoun, Colquitt, Decatur, Dougherty, Early, Grady, Lee, Miller, Mitchell, Seminole, Terrell, Thomas, and Worth counties.

Supported by the Workforce Innovation and Opportunity Act of 2014, NDWGs provide a state or local board with funding for direct services and assistance in areas experiencing a major economic dislocation event that leads to workforce needs exceeding available resources.

Worker suffered two finger-tip amputations. OSHA cited Progressive Converting Inc. for three repeat, 13 serious, and three other than serious violations, with proposed penalties totaling $280,110. Investigators found the Appleton, Wisconsin, paper products manufacturer exposed employees to dangerous energy and machine guarding hazards after an employee suffered two finger-tip amputations. Following three investigations, OSHA concluded that the company failed to properly guard machinery, did not have energy control procedures, and did not provide proper training for employees engaged in service and maintenance.

The employer has 15 business days from receipt of the citations and penalties to comply, request an informal conference with OSHA, or contest the findings before the independent Occupational Safety and Health Review Commission.

Whistleblower to be reinstated with back pay, damages. OSHA ordered Union Pacific Railroad Co. to reinstate an employee with back wages, interest, compensatory and punitive damages, and attorney’s fees, totaling over $300,000. The federal agency found the company violated the Federal Railroad Safety Act by terminating a railroad engineer after the employee reported and sought medical care for a work-related injury.

Companies: AAA Fire Protection Inc.; Mar-Jac Poultry AL LLC; Georgia-Pacific LLC; Technical College System of Georgia; Progressive Converting Inc.; Union Pacific Railroad Co.

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