Nebraska Court Stops Firm From Supplying Child Labor To Meat Processor

A preliminary injunction that prevents a labor contracting firm from providing child labor to JBS in Grand Island, Nebraska, has been extended to Dec. 7. The injunction is against Wisconsin-based Packers Sanitation Services Inc. Ltd. (PSSI), Dan Flynn reported for Food Safety News (FSN).

Photo Insert: The investigation has found that a total of 31 children between the ages of 13 and 17 have worked for PSSI at the JBS USA plants in Grand Island, Nebraska, and in Worthington, Minnesota, as well as a Turkey Valley Farms plant in Marshall, Minnesota.

Secretary of Labor Martin J. Walsh sued Packers Sanitation on Nov. 9, alleging the contractor is violating the Fair Labor Standards Act by employing “oppressive child labor” used in overnight shifts by the JBS Grand Island plant.

Walsh sought a restraining order and preliminary injunction pending further investigation of the matter.

The investigation has found that a total of 31 children between the ages of 13 and 17 have worked for PSSI at the JBS USA plants in Grand Island, Nebraska, and in Worthington, Minnesota, as well as a Turkey Valley Farms plant in Marshall, Minnesota.

Judge John Gerrard of the US District Court for Nebraska granted the temporary restraining order under a preliminary injunction on Nov. 10, 2022. It was originally set for hearing on Nov 23, 2022, but was reset to Dec. 7, 2022, by an amended order from the judge on Nov. 17, 2022.

The amended order says additional evidence at the hearing “is neither required nor expected.” An evidentiary hearing has not been set and if either party expects to bring forward evidence at the hearing, they should advise the court that it is necessary. Packers Sanitation wants “expedited discovery” and scheduling orders for witness and exhibit lists.

The defendant argues that without discovery it will be deprived of the opportunity to respond to the preliminary injunction.

The Department of Labor (DOL) has used search warrants to obtain information, including the identities of the employees. Before the Dec. 7 hearing, Packers Sanitation wanted copies of those documents and other evidence now in the DOL’s possession.

DOL said children working overnight at the JBS meat packing plant in Grand Island were required to clock in and out of their shifts by entering their ID number into a biometric time lock.

The time clock takes pictures of each employee’s face, using facial recognition technology to log in and out each employee for each shift. Upon clocking in, the children would trade their normal street clothes for JBS badges, raincoats, waterproof overalls, or pants along with hard hats, goggles, gloves, and earplugs.

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