Dive Brief:
- A Pittsburgh-area McDonald’s franchisee paid more than $57,000 in civil penalties to resolve child labor violations at 13 restaurants following a federal investigation, the U.S. Department of Labor announced Monday.
- The investigation of McDonald’s locations operated by Santonastasso Enterprises found that the franchisee allowed 14- and 15-year-old employees to work outside permissible hours, including more than 3 hours per days and after 7 p.m. on school days, later than 9 p.m. on days between June 1 and Labor Day, and more than 8 hours on a nonschool day as well as more than 18 hours a week during a regular school week.
- Additionally, investigators found a violation of child labor occupation standards in which an employee under age 16 was allowed to operate a deep fryer that was not equipped with an automatic raising and lowering system. In all, DOL said it found violations of the Fair Labor Standards Act involving 101 minor workers.
Dive Insight:
The McDonald’s violations are the latest in a series of DOL child labor investigations of employers in the restaurant industry this year, most of which have concerned the hours minor employees are permitted to work.
In August, a Florida Chick-fil-A franchisee paid more than $12,000 in penalties after DOL found it permitted workers ages 14 and 15 years old to work past 7 p.m. or more than three hours during a school day between Labor Day and June 1. In March, DOL said it assessed more than $161,000 in penalties against a group of Tennessee Little Caesars franchises due to both scheduling and duties violations.
Throughout the past few months, DOL has signaled a focus on child labor violations, warning employers in May about the need to ensure compliance with federal laws when hiring younger workers for seasonal work. In July, DOL said it noted a growing trend of child labor violations and would begin increased outreach and enforcement efforts.
“Permitting young workers to work excessive hours can jeopardize their safety, well-being and education,” John DuMont, district director for DOL’s Wage and Hour Division Pittsburgh district, said in the agency’s press release. “Employers who hire young workers must understand and comply with federal child labor laws or face costly consequences.
Under the FLSA, 14- and 15-year-old employees may work a maximum of three hours on a school day and 18 hours in a school week between 7 a.m. and 7 p.m. The law increases that threshold to 8 hours on a nonschool day and 40 hours in a nonschool week, and nighttime hours may be extended to 9 p.m. between June 1 and Labor Day.
The FLSA also sets forth various standards for cooking and baking activities, according to a DOL fact sheet. For example, 14- and 15-year-old employees may only perform cooking that involves the use of electric or gas grills that do not entail cooking over an open flame, and deep fat fryers equipped with devices that automatically lower and raise baskets of food into and out of oil or grease.
“We take our role as a local employer very seriously and we regret any scheduling issues that may have occurred at our restaurants,” John and Kathleen Santonastasso, owners and operators of the restaurants cited by DOL, said in an email to HR Dive. “Our biggest priority is always the safety and well-being of our employees and we have since instituted a series of new and enhanced processes and procedures to ensure employees are scheduled appropriately.”
