The U.S. Department of Labor’s Wage and Hour Division has revealed serious violations of federal child labor and wage regulations at four fast food restaurant locations in New Jersey, operated by a franchisee. The investigation found the franchisee responsible for failing to comply with minimum wage regulations and neglecting to pay 14 workers the mandated overtime premium for hours exceeding 40 per workweek.
Employer Violates Child Labor Laws
An especially concerning discovery was the employment of 15-year-old minors in violation of child labor provisions, with minors working beyond the allowable hours on school days, exceeding the weekly hour limit during school sessions, and working late hours until 10 p.m. These violations affected a total of 23 minors, marking a clear breach of the Fair Labor Standards Act.
In response to the violations, the Wage and Hour Division has recovered $9,764 in back wages for 15 employees and imposed civil money penalties amounting to $14,006 for the child labor violations.
Compliance Matters
Paula Ruffin, the District Director of the Wage and Hour Division in New Jersey, emphasized the importance of balancing work experience for young employees with their education and related activities. Ruffin highlighted the resources available to employers to ensure compliance with regulations when employing workers under the age of 18.
The Fair Labor Standards Act establishes specific guidelines for the employment of 14- and 15-year-old workers, prohibiting work after 9 p.m. from June 1 through Labor Day and after 7 p.m. for the remainder of the year. Additionally, it restricts work hours on school days and outlines weekly hour limits based on school schedules.
To educate employers, young workers, and their parents, the division recently published “Seven Child Labor Best Practices for Employers.”
Conclusion
This case emphasizes the critical need for businesses, particularly in the fast-food industry, to adhere strictly to child labor and wage regulations. Employers must prioritize understanding and complying with these laws to safeguard the education and well-being of young workers. Staying informed and implementing best practices is crucial for maintaining a fair and compliant workplace for all employees.