Wage and Hour Division (WHD)

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BOSTON -- - Two Springfield, Mass.-area donut shop chains, both comprised of Dunkin Donuts franchises, have agreed to settle a lawsuit filed by the U.S. Department of Labor for allegedly employing minors in violation of the Fair Labor Standards Act (FLSA).

"Ensuring that young people have positive and safe work experiences is a priority for the U.S. Department of Labor, " said Secretary of Labor Elaine L. Chao. "We will not hesitate to seek legal action to compel compliance with laws that protect our young workers."

In a complaint and consent judgment filed simultaneously with the U.S. District Court for the District of Massachusetts, the Labor Department named as defendants: Lori Donuts, Inc., with Dunkin Donuts locations in Southwick, West Springfield, Chicopee, South Hadley, East Longmeadow, Ludlow, and Springfield; Jessica Donuts, Inc., with Dunkin Donuts locations in Springfield and Wilbraham; Westside Donuts, Inc., with Dunkin Donuts locations in Chicopee, West Springfield and Springfield; Springfield Donuts, Inc., with a Dunkin Donuts location in Springfield; J.A. Donuts, Inc., with a Dunkin Donuts location in Springfield; Belmont Donuts, Inc., with a Dunkin Donuts location in Springfield; and Agawam Donuts, Inc., with Dunkin Donuts locations in Feeding Hills and Agawam, Mass.

Also named as defendants in the case were: John Salema of Ludlow, Mass., as President of Jessica Donuts, Inc., Lori Donuts, Inc., J.A. Donuts, Inc., Agawam Donuts, Inc., and Westside Donuts, Inc.; and John Batista of Holden, Mass., as President of Springfield Donuts, Inc., and Belmont Donuts, Inc.

The department's suit alleged that the defendants employed young workers, then14 and 15 years of age, to work more than 18 hours in weeks when school was in session, to work more than 8 hours in days when school was not in session, to work more than 3 hours in days when school was in session, to work before 7:00 a.m. and after 7:00 p.m. The defendants were also charged with requiring minors to operate baking ovens.

The consent judgment, signed by Chief U.S. District Judge William Young, prohibits the defendants from future violations of the youth employment provisions of the FLSA. The judgment also notes that the defendants have agreed to pay $102,305.96 in civil money penalties assessed by the department.

Wage and Hour Division Administrator Tammy McCutchen added, "We hope that employers will log on to the department's website, www.youthrules.dol.gov for important compliance information. Our YouthRules! initiative strives to educate teens, parents, educators, employers and the public on federal and state rules that apply to the employment of young workers."

For more information about the requirements of the FLSA, call the Labor Department's toll-free help line at 1-866-4USWAGE (1-866-487-9243) or contact the Boston Wage and Hour Division office at 617-624-6700. Information is also available on the Internet at www.wagehour.dol.gov.

(Chao v. Agawam Donuts, Inc., et al Civil Action Number: 03CV11808)

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