Wage and Hour Division (WHD)

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NEW YORK -- A and P and The Food Emporium have agreed to take steps to eliminate violations of federal youth employment laws in their supermarkets nationwide in a settlement following an investigation by the U.S. Department of Labor (DOL).

The companies have entered into a compliance partnership agreement with the Labor Department's Wage and Hour Division following a DOL investigation of A and P and Food Emporium Supermarkets throughout New York State. The investigations disclosed numerous violations of the provisions of the Fair Labor Standards Act (FLSA) for employing minors.

"A and P has had a history of violations at its stores and this is reflected in the more than $240,000 in penalties ordered by the court following the department's investigation," said Secretary of Labor Elaine L. Chao. "The company is now taking appropriate steps to protect its young employees. This Administration is committed to protecting all workers, and we want to see that young workers are given every opportunity to succeed in their work experiences."

A and P also agreed to a consent judgment, filed simultaneously with DOL's suit in the U.S. District Court for the Southern District of New York, which formally resolves this case. The judgment prohibits A P from future violations of the youth employment provisions of the FLSA, even though the company formally denies that it has committed any such violations. The judgment orders A P to pay a civil money penalty to the U.S. Labor Department totaling $242,595.

The most serious violations found during the latest Wage and Hour investigation, which covered the period between June 15, 2000 and May 15, 2003, were various "hazardous orders" violations, including young workers under the age of 18 operating freight lifts and freight elevators, operating and/or loading and unloading card board box balers and cleaning and/or operating meat slicers and dough mixers.

The compliance agreement requires A P to designate a senior member of its management team as a Child Labor Coordinator (CLC) to direct and coordinate compliance efforts throughout the chain. The CLC will set up an 800 number for employees to report future alleged violations, and training programs which will demonstrate the correct guidelines for employing minors. Further, the company agrees to post warnings and age-restriction stickers on all hazardous equipment, and to lock all cardboard box balers when not in use. The company will also implement a self-audit program and take other steps to ensure compliance with the law in the future, including providing a link to the Labor Department's "YouthRules!" website on the A and P website.

The Wage and Hour Division of the Department of Labor recovered more than $212 million in back wages in fiscal year (FY) 2003 - a 21 percent increase over the record setting amount in FY 2002. For more information on the provisions of the FLSA, call the Department of Labor's toll-free help line at 1-866-4USWAGE (1-866-487-9243) or contact the White Plains office at (914) 682-6348. Information is also available on the Internet at www.wagehour.dol.gov.

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U.S. Department of Labor releases are accessible on the Internet at www.dol.gov. The information in this news release will be made available in alternate format (large print, Braille, audio tape or disc) from the COAST office upon request. Please specify which news release when placing your request at (202) 693-7828 or TTY (202) 693-7755. The Labor Department is committed to providing America’s employers and employees with easy access to understandable information on how to comply with its laws and regulations. For more information, please visit www.dol.gov/compliance.