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ESA-WHD New Release: [10/12/00]
Contact Name: John M. Chavez
Phone Number: (617) 565-2075
Release Number: 10-12-00
New Hampshire International Speedway, Inc., Agrees To Pay $115,000 Fine For Federal Child Labor Violations; Promises Future Compliance
Boston, MA — The New Hampshire International Speedway, located in Loudon, New Hampshire, has been ordered to comply with Federal child labor regulations and pay a $115,000 penalty as the result of a court order issued by the U.S. District Court for the District of New Hampshire.
The order, a consent judgment agreed to by the parties and signed by U.S. District Judge James R. Muirhead, resolves a lawsuit filed against the Speedway by the U.S. Department of Labor alleging numerous violations of the child labor provisions of the Fair Labor Standards Act (FLSA) dating back to the summer of 1998.
According to George Rioux, District Director of the Department's Wage & Hour Division for northern New England, his agency's investigation covered the 1998 and 1999 prime racing seasons at the Speedway and revealed 349 minors employed contrary to the child labor provisions of the FLSA. As a result, the Wage & Hour Division assessed a civil money penalty against New Hampshire International Speedway, Inc., and the company has agreed to pay $115,000.
"What we found," said Rioux, "ranged from twelve 13-year-olds who should not have been working at all, to three hundred and thirty eight 14- and 15-year-olds who were employed in violation of Federal hours regulations."
Rioux noted that, under the Federal child labor laws, children younger than 14 years of age are prohibited from most employment, while 14- and 15-year-olds may work outside of school hours, but not before 7 a.m. and not later than 7 p.m. (9 p.m. from June 1 until Labor Day). They may not work more than three hours on a school day and not more than 18 hours in a school week. These youths may work up to eight hours on a non-school day and 40 hours in a non-school week. The FLSA also prohibits workers under 18 years of age from employment in any occupation the secretary of labor determines to be particularly hazardous to their health and well being.
He indicated that the most egregious hours violations found at the Speedway involved minors working as many as 76 hours in non-school weeks, as many as 35 hours in a school week, and as many as 16 hours in a non-school day. Young people were also found starting work before 4:00 a.m. and working as late as 2:00 a.m.
Rioux stressed that, as soon as the violations were brought to the attention of the New Hampshire Speedway management, they cooperated fully with the Wage and Hour Division to devise methods and procedures to make sure that future violations would be avoided.
"The company has agreed," he said, "to post the child labor requirements in the workplace and to notify each minor they employ of the exact restrictions on their employment; to educate their supervisors to the regulations; and to use color coded time cards and ID badges so that 14- and 15-year-old employees can easily be identified at all times."
Rioux noted that the firm has pledged its total commitment to future compliance with the law and in fact came into compliance as soon as they became aware of the situation. They also asked for the Wage and Hour Division's help to immediately train their managers on the specifics of the child labor regulations; and they are hiring new workers to check young employees' credentials, including proof of age.
"We are pleased with the cooperation of the New Hampshire Speedway in this matter," he said, "and especially their willingness to sign the consent judgment rather than resorting to expensive and time consuming litigation to resolve this case."
Rioux stressed that child labor enforcement is one of the top priorities of Secretary of Labor Alexis M. Herman who, last summer, launched the Safe Work/Safe Kids initiative. Safe Work/Safe Kids is designed to help ensure teens have safe and positive work experiences. The initiative embraces a strategy of enhanced enforcement, increased education, strong partnerships, and heightened public awareness to increase compliance with federal child labor laws.
The Wage and Hour Division district office covering northern New England is based in Manchester, New Hampshire, and can be reached at 603-666-7716.
The information in this release will be made available to sensory impaired individuals upon request. Voice phone: (617) 565-2072. TDD (Telecommunications Device for the Deaf) Message Referral Phone: 800-347-8029.
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