Wage and Hour Division (WHD)

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ATLANTA -- Jim Barnes Enterprises Inc. has paid $86,501 in penalties after the U.S. Department of Labor’s Wage and Hour Division determined that the McDonald’s franchisee allowed minors to perform hazardous duties in violation of the youth employment provisions of the federal Fair Labor Standards Act (FLSA) at its restaurant in Mobile, Ala.

The violations were uncovered as part of the Wage and Hour Division’s Gulf Coast Child Labor Initiative to determine if retail stores and restaurants are in compliance with the youth employment provisions of the FLSA.

“This large penalty reflects the significant number of instances where minors were found to be employed in hazardous occupations,” said Oliver Peebles III, deputy regional administrator for the Wage and Hour Division in the Southeast. “Younger employees should gain valuable work experience. However, minors should not be employed in occupations that place them in danger.”

Wage and Hour Division investigators found that 75 minors, ages 14 through 17, were engaged in activities such as loading a trash compactor at the store, operating deep fat fryers, and driving motor vehicles on company business. The FLSA prohibits the employment of people under the age of 18 in any nonagricultural occupations that the Labor Department has declared hazardous. These dangerous tasks are identified by 17 hazardous occupation orders, including operating or assisting in operating power-driven paper products machines and operating motor vehicles. The regulations specifically prohibit minors between the ages of 14 and 16 from being employed in occupations which are detrimental to their health or well-being.

A previous investigation had disclosed violations of minimum wage and overtime rules and made management aware of federal labor laws regarding youth employment.

The Labor Department has developed a Web site, www.youthrules.dol.gov, to educate employers, young workers, educators and parents about youth employment, the jobs youth may perform and the hours they may work. An interactive, Web-based “e-laws advisor,” with detailed information about youth employment laws, may be accessed at www.dol.gov/elaws/advisors.html. Select the “FLSA Child Labor Rules Advisor.”.

For further information about FLSA requirements, call the Labor Department’s toll-free helpline at 866-4US-WAGE (866-487-9243), visit the Wage and Hour Division Web site at www.wagehour.dol.gov or contact the division’s office in Birmingham at 955 22nd St. N., Suite 656; telephone 205-731-1305.

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U.S. Department of Labor releases are accessible on the Internet at www.dol.gov. The information in this news release will be made available in alternate format (large print, Braille, audio tape or disc) from the COAST office upon request. Please specify which news release when placing your request at (202) 693-7828 or TTY (202) 693-7755. The Labor Department is committed to providing America’s employers and employees with easy access to understandable information on how to comply with its laws and regulations. For more information, please visit www.dol.gov/compliance.