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 Printer-Friendly Version
ESA-WHD New Release: [06/06/1996]
Contact Name: Brad Mitchell or Deirdré Zongker
Phone Number: (312) 353-6976
Release Number: V-214
ESSEX HOUSE, INC., ASSESSED $12,900 IN PENALTIES FOR ALLEGED CHILD LABOR VIOLATIONS
Chicago — Essex House, Inc., doing business as Wares Brothers Frosty Treats, 424 West 14th Street, Traverse City, Mich., has been assessed $12,900 by the U.S. Department of Labor for alleged child labor violations.
The Labor Department's Wage and Hour Division alleged that 16 minors, ages 13 through 16, were employed contrary to the Fair Labor Standards Act (FLSA), the federal child labor law. The investigation revealed that minors worked more hours or later than times permitted by the regulations, or in prohibited occupations. The firm also allegedly employed minors under the legal age for employment. The investigation covered the period from March 1994 to March 1996.
The firm allegedly employed three children, age 13, under the legal age of employment. The minimum age for employment in a retail and service establishment is 14. The children also worked during prohibited hours. They allegedly worked as late as 11:00 p.m.
Three minors, age 16, allegedly operated a power-driven meat slicer. This occupation is prohibited for minors under the age of 18.
The Labor Department's investigation found 13 children, ages 14 and 15, that allegedly worked during prohibited hours. The minors allegedly worked as late as 11:00 p.m. during the summer.
Wage-Hour District Director Dan Ocharzak, Grand Rapids, stated, "Vulnerable young children should get safe work experience that does not interfere with their school studies."
Under the regulations, a company has 15 days to file an exception to the civil money penalty. In an exception letter, an employer provides specific reasons why the alleged violations did not occur. The matter is then referred for a hearing before an administrative law judge.
The Wage and Hour Division of the Labor Department's Employment Standards Administration enforces federal child labor laws. The regulations detail hours that persons under 16 years of age may work. In addition, the regulations specify jobs or occupations which minors under 18 may not perform due to hazards inherent in the work. Employers who violate the child labor provisions may be assessed up to $10,000 for each violation.
Under federal law, 14 and 15-year-olds may work outside school hours, but not later than 7:00 p.m. (9:00 p.m. from June 1 until Labor Day). They may not work more than three hours on school days nor more than 18 hours in school weeks. In addition, they may not work more than eight hours on non-school days, or more than 40 hours during non-school weeks.
The assessment was made following an investigation by the Wage and Hour Division's District Office, 2920 Fuller Ave., N.E., Ste. 100, Grand Rapids, Mich., under the supervision of Daniel H. Ocharzak, district director.
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This information will be made available to sensory-impaired individuals upon request. Voice phone: (312)353-6976; TDD Message Referral Phone: 1-800-800-4571.
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