Wage and Hour Division (WHD)

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SALT LAKE CITY -- Paragon Contractors Corporation, Hildale, Utah, has been assessed $10,395 in civil money penalties by the U.S. Department of Labor’s Wage and Hour Division for allegedly employing three minors in violation of the youth employment provisions of the federal Fair Labor Standards Act (FLSA).

An investigation by the Wage and Hour Division disclosed two minors, 12 and 13 years of age, employed in violation of the 14-year age minimum for non-agricultural employment. The same two minors and a 15 year-old were working on a residential home construction site in violation of the regulatory occupation standards for minors under 16 years of age. All three were found working on a roof, a hazardous occupation prohibited for persons under the age of 18. The 15 year-old was operating a table saw, also a violation of the hazardous occupation restrictions for persons under 18.

In addition, the investigation disclosed that the firm failed to pay the three minors for their work. The employer agreed to pay a total of $3,296 in back wages for the FLSA minimum wage violations.

Dean A. Campbell, district director of the Wage and Hour Division's Salt Lake City office said, “These penalty assessments send a strong message to employers who violate the law that the department is committed to safeguarding the health, safety and educational opportunities of young workers. Employers must act responsibly and pay special attention to youth employment laws when hiring young workers."

The department’s youth employment regulations identify 17 hazardous occupations prohibited for workers under the age of 18, including roofing and operating power-driven circular saws, band saws and guillotine shears.

The basic minimum age for employment in non-agricultural occupations is 14. Fourteen and 15 year-olds may work outside school hours, but not before 7 a.m. and not later than 7 p.m. (9 p.m. from June 1 until Labor Day). They may not work more than three hours on a school day and 18 hours in a school week or eight hours on a non-school day and 40 hours in a week when school is not in session.

Paragon Contracting has filed an exception to the assessment of the civil money penalties, and the case will proceed to a hearing before a Department of Labor Administrative Law Judge.

Youth employment compliance assistance publications are available at www.youthrules.dol.gov as well as on the Wage and Hour home page at www.wagehour.dol.gov. Information is also available toll-free at 1-866-487-9243.

This investigation was conducted by the Wage and Hour Division’s Salt Lake City District Office, 150 East Social Hall Ave., Suite 695, Salt Lake City, Utah; phone: (801) 524-5706.

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