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The US Department of Labor says a California McDonald's franchisee owes over $25,000 in child labor penalties

Feb 25, 2022, 01:36 IST
Business Insider
Tatyana Makeyeva/Reuters
  • A McDonald's franchisee agreed to pay over $25,000 in fines for violating child labor laws.
  • The US Department of Labor says the restaurant allowed minors to operate trash compactors.
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A McDonald's franchisee in Santa Ana, California, will pay $25,920 in penalties for violating child labor laws, the US Department of Labor (DOL) said in a press release Wednesday.

The business owner violated the Fair Labor Standards Act (FLSA) by allowing minors to do dangerous jobs, the DOL said. The agency says it found evidence of 18 underage employees operating a trash compactor between 2019 and 2021.

"Our organization's number one priority is always to ensure the health and safety of our employees and customers. As a locally-owned business, we take pride in helping to protect all our staff," franchise owner/operator Virginia Mangione told Insider in a statement. "When we became aware of the violation, swift action was taken to re-educate managers to ensure we continue to be in compliance with labor laws and standards."

The FLSA sets rules for minors based on their ages. Teens who are 14 to 15 years old can work in restaurants and quick-service businesses during non-school hours, up to three hours on school days, and up to 18 hours on a school week. They are limited to 40 hours on non-school weeks. Hours aren't limited by the FLSA once workers hit age 16.

These young workers can only perform certain jobs in restaurants. They're legally permitted to work cash registers, bus tables, and clean floors. They can cook and do prep work, as well as use dishwashers, blenders, and coffee grinders. They cannot, however, play any role in baking processes, including mixing ingredients or removing items from ovens. They can't work in freezers or meat coolers, though they are allowed to enter them briefly when needed.

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The FLSA prohibits 16 and 17-year-olds from any jobs that have been designated as "hazardous" by the DOL. Minors are generally not allowed to work with meat processing machines, bakery machines like mixers and cookie makers, balers, compactors, and motor vehicles.

Penalties are steep for companies that violate these laws. Companies could be fined up to $11,000 for each violation and up to $50,000 for incidents that lead to death or serious injury of a minor. If violations are determined to be willful or repeated, the fine increases to $100,000.

Even with strict limitations on the jobs young workers can perform, some business owners say they're necessary. McDonald's and reportedly Burger King are among the chains that have advertised work to teens as young as 14 in 2021 as they scramble to keep enough staff while restaurant workers quit the industry at record rates, moving to jobs where they don't have to interact with angry customers.

Do you have a story to share about a retail or restaurant chain? Email this reporter at mmeisenzahl@businessinsider.com.

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