Wage and Hour Division (WHD)

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GREEN BAY, Wis. --

The U.S. Labor Department’s Wage and Hour Division has assessed $10,670 in civil money penalties to Metal Storm Inc., following the serious injury in August 2006 of a 16-year-old employee of the Green Bay-based metal fabrication company.

The fines resulted from the employer’s practice of allowing workers under the age of 18 to operate a power driven metal-forming machine in violation of the youth employment provisions of the Fair Labor Standards Act (FLSA). The 16-year-old minor sustained a serious injury to his middle and index fingers, putting him in a temporary disability status. The employer has filed for an exception to the civil money penalties and has requested a hearing to resolve the matter.

“There are good reasons why certain jobs are declared off-limits to young workers,” said Jose Medina, district director for the Wage and Hour Division in Minnesota. “This type of incident is an 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.”

The Wage and Hour Division’s district office in Minneapolis investigated the company after receiving information from the Workers Compensation Division of the Wisconsin Department of Workforce Development. The employer has now agreed to comply with all youth employment provisions of the FLSA and to work with local school officials to implement an approved training program.

The FLSA prohibits the employment of minors under the age of 18 years in any non-agricultural occupations that the department has declared hazardous. These dangerous tasks are identified by 17 hazardous occupation orders, one of which bans the operation of certain power-driven metal-working machines by minors.

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 they 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/, by selecting the “FLSA-Child Labor Rules Advisor.”

For further information about FLSA requirements, call the department’s toll-free help line at 1 (866) 4US-WAGE (487-9243), visit the Wage and Hour Division Web site at www.wagehour.dol.gov or contact the Wage and Hour Division’s office in Milwaukee at (414) 297-3585.

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