FLSA crackdown continues: DOL targets child labor violations

The U.S. Department of Labor (DOL) continues its crackdown on FLSA violations. Last week, we told you about million-dollar payouts for wage violations. This week, it’s child labor law violations.

The latest proof: Four companies recently paid civil penalties, ranging from $15,504 to more than $1.5 million.

As you probably recall, the DOL is responsible for enforcing the FLSA. The agency and its Wage and Hour Division investigate complaints regarding youth employment  and child labor violations.

To brush up on what is – and isn’t – allowed under child labor laws, check out the DOL’s Fact Sheets:

• Basic Information: Covers the jobs that minors can work by age as well as the hours they can work, depending on the school calendar.
• Fact Sheet #2A: Child Labor Rules: Covers FLSA rules regarding minors working in restaurants and other quick-service establishments.

Here’s what four employers recently got wrong – and how your company can avoid similar mistakes.

Food sanitation contractor shells out $1.5M in civil penalties

Packers Sanitation Services, Inc. – one of the largest food safety sanitation providers in the U.S. – paid more than $1.5 million in civil penalties after an investigation found the company employed at least 102 children – between the ages of 13 and 17 – in hazardous occupations and had them working overnight shifts at 13 meat processing facilities in eight states.

The civil penalty stemmed from an investigation at a location in Kieler, Wisconsin. There, the WHD found minors were working with hazardous chemicals and cleaning meat processing equipment, such as back saws, brisket saws and head splitters. Moreover, investigators learned at least three minors suffered injuries while working for the company.

The investigations began when the WHD received a complaint in Nebraska, based on evidence that the company had at least 31 minors, between the ages of 13 and 17, working in hazardous conditions during overnight shifts in Nebraska and Minnesota. In total, the company paid $1,544,076 in civil penalties.

Source: DOL finds more than 100 children illegally employed in hazardous jobs, 2/17/23.

Trampoline park pays $43K for child labor violations

A DOL investigation found Urban Air Jacksonville LLC – an indoor adventure park in Florida – violated child labor laws by allowing 55 minor employees, between the ages of 14 and 15, to work after 7 p.m. on school nights.

While investigating that alleged violation, the DOL also determined the company deducted compensable break times from some employees’ weekly hours. As a result, it failed to pay overtime wages when the missing time pushed the total work hours over 40 in the workweek.

The company was assessed $43,505 in civil penalties for child labor violations and had to pay an additional $558 in back wages to 12 employees.

Source: Trampoline park pays $43K in civil penalties, 2/17/23.

Restaurant pays $18K: Minors work too late  

A WHD investigation determined Syl’s Restaurant and Lounge in Illinois violated child labor laws that narrowly limit the hours and times that 14- and 15-year-old employees can work.

Specifically, the investigation found 25 minor-aged employees worked as bussers, runners and dishwashers. Some worked after 7 p.m. on school nights and 9 p.m. on weekends while others worked more than 18 hours per week.

The investigation also revealed that seven other employees who worked more than 40 hours in a workweek were denied overtime pay.

The company paid $18,350 in civil penalties and another $2,671 in back wages for the workers who were denied overtime pay.

Source: DOL finds Joliet restaurant employed 25 minors in violation of child labor limits, assesses $18K in penalties, 1/27/23.

Repeat offender: Franchisee hit with $15K civil penalties

According to the WHD, a franchisee in Ohio ignored warnings that its employment practices at its Streetsboro location violated federal child labor laws and continued the same illegal practices at a second location in Avon.

An investigation of the Avon location found that – on more than 330 occasions – the company allowed 15-year-old employees to work later than 7 p.m. on school nights and later than 9 p.m. between June 1 and Labor Day. It also found more than 150 instances of the company allowing minors under age 16 to work more than three hours on school days. Moreover, it found instances of minors working more than eight hours on non-school days and more than 18 hours per week.

The company was assessed $15,504 in civil penalties.

Source: DOL finds franchisee failed to correct child labor violations, 2/15/23.