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ESA-WHD New Release: [05/27/1997]
Contact Name: Brad Mitchell or Juan Solano
Phone Number: (312) 353-6976
Release Number: V-162
THREE RESTAURANTS IN JEWELL, WHITEHOUSE, AND LYONS, OHIO, ASSESSED CIVIL MONEY PENALTY OF $27,175 FOR ALLEGED CHILD LABOR VIOLATIONS
Chicago — Three restaurants in Jewell, Whitehouse, and Lyons, Ohio, have been assessed a civil money penalty of $27,175 by the U.S. Department of Labor for alleged child labor violations.
The Labor Department alleged that 46 minors, age 13 through 15, were employed contrary to the Fair Labor Standards Act (FLSA), the federal wage-hour law. One child was below the legal age of employment and worked during prohibited hours. One minor under 16 years of age worked in a prohibited occupation. The investigation also found 45 minors that worked more hours or later than permitted by federal regulations. Record keeping violations were found at restaurant in Jewell.
The Labor Department’s Wage and Hour Division found one minor that allegedly worked in a prohibited occupation at the Whitehouse Inn, 10835 Waterville Rd., Whitehouse. The minor, age 15, disassembled, cleaned and assembled a power-driven meat slicing machine. Nine minors allegedly worked during prohibited hours.
Daniel’s Lyons Den, 117 N. Adrian St., Lyons, allegedly employed one minor under the legal age for employment and during prohibited hours. The restaurant allegedly hired the minor at the age of 13. Twenty-one other minors worked during prohibited hours.
Jewell Bar & Grill, 27983 Jewell Rd. 55, Jewell, allegedly employed 15 minors, age 14 and 15, during prohibited hours. The firm also failed to have a date of birth for 15 minors. Employers are required to have a date of birth for all minors under the age of 19.
Wage and Hour District Director Richard Malloy in Columbus, said, "This case exemplifies the Labor Department's efforts to protect young vulnerable workers and prevent the illegal employment of children."
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 any or all of the alleged violations did not occur. The matter is then referred for a hearing before a Labor Department 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 occupations prohibited for minors under 18 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 no later than 7:00 p.m. (9:00 p.m. from June 1 until Labor Day). In addition, they may not work more than three hours on school days, eight hours on non-school days, or 40 hours during non-school weeks.
The investigation was conducted by the Wage and Hour District Office, 200 N. High Street, Rm. 646, Columbus, Ohio, under the supervision of Richard J. Malloy, district director.
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