Wage and Hour Division (WHD)

Printer-Friendly Version

Press Releases

BUFFALO, N.Y -- The U.S. Department of Labor has assessed a civil money penalty totaling $12,320 against Charm Pools of Waverly, New York, for alleged violations of federal youth employment regulations that led to the death of a 17-year-old. The fine follows an investigation by the U.S. Department of Labor’s Wage and Hour Division.

According to Michael Fitzgerald, assistant district director in Wage and Hour’s Buffalo office, the young worker was on the job driving a pickup truck owned by Charm Pools Aug. 29 when he and a fellow worker were killed in a traffic accident.

“Our investigation determined,” said Fitzgerald, “that the young employee was driving the truck in violation of a hazardous order regulation under the Fair Labor Standards Act (FLSA) that prohibits17-year-old employees from driving a vehicle for their employer beyond a 30-mile radius from their place of employment. This tragic accident might have been avoided had this employer complied with this requirement of the law.”

The FLSA is the federal law that regulates the employment of workers less than 18 years of age, including prohibitions against such workers engaging in certain specified hazardous occupations.

Fitzgerald noted that his agency also found that, earlier the same day, the young worker had been driving a large dump truck owned by the company, also a violation of the FLSA’s youth employment restrictions.

“I can’t stress too strongly,” said Fitzgerald, “that these regulations are in place to protect our young workers from workplace hazards. Employers, teens and parents must be familiar with these rules, and employers must understand their responsibilities under the law.”

Numerous resources are available on line and through Wage and Hour offices to help employers comply with the FLSA, which also requires that employees be paid at least the applicable federal minimum wage and time and one-half their regular rate of pay for hours worked over 40 per week, among other provisions.

The company has already exercised its right to appeal the civil money penalty assessment. The appeal is pending.

For more information about the requirements of the FLSA, call the Department of Labor’s toll-free help line at 1-866-4USWAGE (1-866-487-9243) or contact the Buffalo Wage and Hour office at 716-842-2950. Information is also available on the Internet at www.wagehour.dol.gov. Information on youth employment is available at www.youthrules.dol.gov.

###

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.