Wage and Hour Division (WHD)

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KANSAS CITY, Mo. -- Mr. Goodcents, a Missouri restaurant company, was assessed nearly $38,000 in civil money penalties for alleged violations of the youth employment provisions of the Fair Labor Standards Act (FLSA). According to the U.S. Department of Labor, the violations occurred at the firm’s Harrisonville and Peculiar, Mo., locations.

An investigation conducted by the department’s Wage and Hour Division, covering the period from Dec. 16, 2002 through Dec. 12, 2004, found 10 youth under the age of 18 operating a meat slicer. One of the minors was injured while using the equipment. Eleven youth worked as delivery drivers, and a 15-year-old was found working more than three hours on a school day.

The youth employment provisions of the FLSA prohibit minors under the age of 18 from working in specific hazardous occupations and limit the hours 14- and 15-year-olds can work to no more than three hours a day and 18 hours a week during the school year. The company was assessed $37,950 in civil money penalties for the child labor violations.

The investigation also found that managers were not paid a guaranteed salary of at least $455 per week, the minimum required to meet the overtime and minimum wage exemption under the Overtime Security regulations, effective since August 23, 2004. As a result, three non-exempt employees were due a total of $711 for unpaid overtime. The company has paid the back wages.

The FLSA requires employees to be paid time and one-half the regular rate of pay for hours worked over 40 in a week unless the employee is exempt from overtime pay. Employers must also maintain accurate time and payroll records. The FLSA provides an exemption from both minimum wage and overtime pay for bona fide executive, administrative, professional and outside sales employees who meet certain job duty and salary tests. Under the Labor Department’s new Overtime Security rules, workers earning less than $23,660 per year – or $455 per week – are guaranteed overtime protection.

The Wage and Hour Division recovered nearly $200 million in back wages in fiscal year 2004 for more than 288,000 workers. Average days to resolve a complaint decreased during that time from 108 to 92 days.

For more information, call the Department of Labor’s toll-free help line at 1-866-4USWAGE (1-866-487-9243). For more information regarding the federal youth employment provisions, visit the department's YouthRules! website at http://www.youthrules.dol.gov. Information is also available on the Internet at www.wagehour.dol.gov. Information about the current exemption for while-collar executive, administrative, and professional employees can be found on the Internet at www.dol.gov/fairpay.

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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.