WASHINGTON – Concerned by the child labor violations found at 24 Wal-Mart stores in Connecticut, New Hampshire and Arkansas – including one in her district of Shelton, Connecticut – Congresswoman Rosa L. DeLauro (Conn.-3) today wrote to the U.S. Department of Labor (DoL) requesting that it suspend enforcing a policy that allows a fifteen day advanced notice and ten day grace period for any wage and hour investigation. The policy was agreed to as part of a settlement reached by the Labor Department and Wal-Mart January 6, but was not made public until a recent media report.

“With such an egregious violation facing Wal-Mart, the Department of Labor should seek the most aggressive investigations possible,” said DeLauro. “Prior notice of up to twenty-five days could allow the retailer time to cover up evidence of a violation, undermining the point of inspection.”

The full text of the letter follows.

February 24, 2005

Elaine L. Chao, Secretary

U.S. Department of Labor Frances Perkins Building 200 Constitution Avenue, NW Washington, DC 20210

Dear Secretary Chao:

I am deeply concerned about U.S. Department of Labor's (DoL) reported agreement with Wal-Mart granting the retailer a fifteen day advanced notice, plus a ten day grace period for any wage and hour investigation. Undoubtedly, prior notice of up to twenty-five days could allow the retailer time to cover up evidence of a violation, undermining the point of inspection. As such, I request your assistance in developing a better understanding of this matter and ask that your department would suspend enforcing the advance notice policy until a thorough investigation on the settlement agreement is completed.

Based on what we know from a New York Times article on the subject, many of the child labor law violations from the investigation that ended April 2002 occurred in the state of Connecticut. Wal-Mart was reportedly cited for 37 violations of child labor laws at 25 stores, including requirements that some teenagers under the age of 18 operate dangerous machines. Already, the Inspector General of DoL has agreed to review the circumstances surrounding the agreement between DoL and Wal-Mart in which the retailer paid $135,540 in penalties and was granted the twenty-five day advance notice policy.

In view of this, I believe that it is critical to better understand this matter. Specifically, the public needs to know the full extent of the settlement agreement, whether you have found the same violations in other Wal-Marts in other states and/or injuries, and why, if Wal-Mart admitted no wrong-doing, it paid $135,540 in penalties to DoL. Thus, in addition to requesting that your department suspend the advance notice policy for Wal-Mart, I am asking you to make public all the documents by which DoL settled with Wal-Mart with respect to these key questions. Only then can the public have confidence that your department did not acquiesce in this instance your responsibility in providing meaningful worker protection for minors.

I look forward to hearing from you on this important matter. Thank you for your consideration of this request.