At a time when many states are trying to weaken child labor laws, the U.S. Department of Labor is enforcing protections for child labor. The owner of 20 Hwy 55 Burgers, Shakes & Fries locations has been fined over $11K for violations of the child labor provisions of the Fair Labor Standards Act (FSLA) and entered into an agreement to comply with federal laws at all of their current and future locations.
Violations of child labor laws found
The DOL’s Wage and Hour Division investigated the Hwy 55 locations across Georgia, Louisiana, North Carolina, Tennessee, and Texas owned by The Little Mint, Inc., and found that the company, employed 13 children to work after 7 p.m. during the school year and for more than three hours on a school day, which are both violations of the FSLA. A 15-year-old employee was allowed to use the manual fryer, which is also prohibited. The Little Mint employs over 160 employees at its 20 locations across the country.
Penalties and future compliance
The DOL assessed $11,453 in penalties to the company for these violations. In addition, the company will need to take steps to prevent future violations of the child labor provisions of the FLSA, including, but not limited to:
- Employees under the age of 16 will have modified uniform requirements and different colored name tags to distinguish them from other workers.
- 14- and 15-year-olds will not be able to work outside of the hours permitted by law. In addition, area directors will review time records each quarter to ensure compliance.
- Post notices on machines that 14 and 15 year old employees may not use.
- Employees under the age of 16 and their parents (or guardians) will need to sign a document that provides information about child labor requirements under the law.
- Managers and shift leaders will be required to annually review the child labor provisions and acknowledge compliance.
Child labor violations on the rise
The Economic Policy Institute reports that child labor violations have increased by 37% from FY2021 to FY2022. Even more astounding, the violations increased 283% from FY2015 to FY2022. Worse, these figures are probably just the tip of the iceberg, since many children and their parents do not report violations.
Employers should not jeopardize the safety of minors, nor should they interfere with their education. The FLSA allows for work opportunities for minors while restricting their hours and job duties out of safety. In 2023, the DOL found child labor violations in over 950 investigations, which led to over $8 million in fines.
Dawn Brotherton is a Sr. Staff Writer at The American Genius with an MFA in Creative Writing from the University of Central Oklahoma. She is an experienced business writer with over 10 years of experience in SEO and content creation. Since 2017, she has earned $60K+ in grant writing for a local community center, which assists disadvantaged adults in the area.
