Wage and Hour Division (WHD)

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MADISON, Wis. --

The U.S. Labor Department’s Wage and Hour Division has assessed $26,840 in civil money penalties following the death of a 17-year-old employee of Dennis’ Service Inc., an automotive towing and repair service in Brookfield, Wis.

The fines resulted from the employer’s practice of allowing workers under the age of 18 to drive tow vehicles or flatbed carriers and use hoist winches in violation of the youth employment provisions of the Fair Labor Standards Act (FLSA).

Wage and Hour’s Madison, Wis., office investigated the company after one of three illegally employed minors lost his life while working at the garage as part of a vocational education program. The youth attempted to dislodge a vehicle from a towing apparatus and was crushed by the vehicle. He had towed the vehicle into the garage impound lot. The assessed penalties are the maximum permitted under the law. Dennis’ Service has appealed the civil money penalties.

“There are good reasons why certain jobs are declared off-limits to young workers,” said Wage and Hour Acting Regional Administrator Shirley Gardner. “This incident is a tragic example of what can happen when minors are engaged in unlawful employment. Employers have a responsibility to know when and where minors can work to ensure their safety,” she added.

The FLSA identifies nearly a dozen occupations or industries banned for minors under the age of 18 by the Secretary of Labor’s Hazardous Occupations Orders. Gardner added that while the Labor Department fully supports school-to-work programs, both employers and educators need to understand that minors placed in a work situation are still protected by youth employment laws.

Wage and Hour investigators also recovered $2,035 in back wages owed one employee as a result of overtime pay violations of the FLSA.

The Labor Department has a YouthRules! Web site, www.youthrules.dol.gov, designed to educate employers, young workers, educators and parents about youth employment, the jobs they may perform and the hours they may work. For further information about FLSA requirements, call the department’s toll-free help line at 1-866-4USWAGE (1-866-487-9243), visit the department’s Web site or contact the Madison Wage and Hour office at 608-441-5229.

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