Hey Compliance Warriors!
Working in a kitchen late at night near dangerous cooking equipment is a reality for many adults in the food service industry. However, when investigators from the U.S. Department of Labor’s Wage and Hour Division discovered 10-year-old children working in such an environment, it raised alarms and prompted action.
The investigation found that three Kentucky McDonald’s franchise operators – Bauer Food LLC, Archways Richwood LLC, and Bell Restaurant Group I LLC – had violated federal labor laws, resulting in a total of $212,544 in fines. In total, these franchisees operate 62 McDonald’s locations across Kentucky, Indiana, Maryland, and Ohio.
According to the Department of Labor, these franchisees employed 305 minors, many of whom worked more hours than legally permitted and performed tasks prohibited for young workers. This is part of an ongoing effort by the Wage and Hour Division to combat child labor abuses in the Southeast region.
“Too often, employers fail to follow the child labor laws that protect young workers,” explained Wage and Hour Division District Director Karen Garnett-Civils. “Under no circumstances should there ever be a 10-year-old child working in a fast-food kitchen around hot grills, ovens, and deep fryers.”
The findings of the investigation include Bauer Food LLC employing 24 minors under age 16 to work more than legally permitted hours. Archways Richwood LLC allowed 242 minors between age 14 and 15 to work beyond the allowable hours. Bell Restaurant Group I LLC let 39 workers aged 14 and 15 work outside of and for more hours than legally allowed.
Federal child labor regulations limit the types of jobs minor-aged employees can perform and the hours they can work. For 14- and 15-year-olds, these limitations include working outside of school hours, no more than 3 hours on a school day, and no more than 18 hours during a school week. There are also restrictions on the earliest and latest hours they can work, with some exceptions during the summer months.
Garnett-Civils noted an increase in federal child labor violations and urged employers to understand and follow the rules. She also encouraged employers, parents, and young workers to reach out for help in understanding their obligations and rights under the law.
In addition to the ongoing issue of minors working more and later than the law permits, the Wage and Hour Division found 688 minors employed illegally in hazardous occupations in fiscal year 2022. Among those was a 15-year-old minor injured while using a deep fryer at a McDonald’s in Tennessee in June 2022. Garnett-Civils emphasized the importance of child labor laws in ensuring the safety and well-being of young workers.
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