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Wage and Hour Division (WHD)

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ESA OFCCP OLMS OWCP WHD
Wage and Hour Division - To promote and achieve compliance with labor standards to protect and enhance the welfare of the nation's workforce.

ESA-WHD New Release: [04/14/1998]
Contact Name: Brad Mitchell
, Juan Solano
Phone Number: (312) 353-6976
Release Number: V-1998-102

Steak 'N Shake Restaurants in Ohio and Kentucky Assessed $90,100 Civil Money Penalty for Alleged Federal Child Labor Violations

WASHINGTON — The U.S. Department of Labor has assessed 12 Steak 'N Shake restaurants in southwestern Ohio and Kentucky with $90,100 in civil money penalties for allegedly violating child labor laws.

An investigation by the Department’s Wage and Hour Division showed that Steak 'N Shake, based in Indianapolis, Ind., employed 97 minors, ages 13 through 15, in violation of the child labor provisions of the Fair Labor Standards Act. The minors worked more hours or later in the evening than permitted by regulations that protect young people in the workplace. One minor, age 13, in Troy, Ohio, was under the legal age of 14 for employment in non-farm occupations.

"Work experience is valuable for young workers. However, vulnerable children should not work hours that subject them to dangers at night," said Wage and Hour District Director Richard J. Malloy in Columbus, Ohio.

The Labor Department alleged violations of hours and time standards at 11 locations in Ohio and one in Kentucky. Steak 'N Shake employed minors during prohibited hours at the following locations:

  • a total of 33 minors, at four locations in Cincinnati: 5308 Fields-Ertl, 831 Clepper Lane, 11470 Princeton, and 9779 Montgomery Rd.
  • 19 minors at 7876 Tylersville Rd., West Chester,Ohio.
  • 14 minors at 1779 W. Main Street, Troy, Ohio.
  • 11 minors at 6380 Wilmington Pike, Bellbrook, Ohio.
  • a total of 7 minors at two locations in Dayton, Ohio: 8311 Old Troy Pike, and 8420 Springboro Pike.
  • 5 minors at 2856 Center Drive, Fairborn, Ohio.
  • 5 minors at 3170 Towne Mall, Middletown, Ohio.
  • 3 minors at 4941 Houston Rd., Florence, Ky.

The Labor Department also alleged company records for restaurants at 1779 W. Main St., Troy, and 8420 Springboro Pike, Dayton, Ohio, did not include dates of birth of some minors. Employers are required to have a date of birth for all employees under 19 years of age.

Steak 'N Shake has 15 days to provide specific information indicating if any of the violations did not occur. The matter will then be referred for a hearing before a Labor Department administrative law judge.

The Labor Department's Wage and Hour Division enforces federal child labor laws. The regulations detail hours that minors under 16 may work and specify hazardous occupations prohibited for minors under the age of 18.

The Fair Labor Standards Act allows 14 and 15-year-olds to work outside school hours, but not later than 7:00 p.m. (9:00 p.m. from June 1 until Labor Day). They may work no more than three hours on school days, and no more than 18 hours in a school week. These minors may work up to eight hours on non-school days, or 40 hours during non-school weeks.

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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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