(LEX 18) — Three Kentucky McDonald's franchise operators have to pay over $212,000 after federal investigators found 305 minors were working illegally inside their restaurants, including two 10-year-old workers.
The U.S. Department of Labor says the investigations are part of the division's ongoing effort to stop child labor abuses in the Southeast region.
Investigators from the department's Wage and Hour Division investigated Bauer Food LLC, Archways Richwood LLC, and Bell Restaurant Group I LLC, three separate franchisees that operate 62 McDonald's locations across Kentucky, Indiana, Maryland, and Ohio. They found at their establishments, 305 children were working more than the legally permitted hours. They also performed tasks that were prohibited by law for young workers.
In one of the cases, investigators determined two 10-year-old children were employed – but not paid – and sometimes worked as late as 2:00 a.m. The Department of Labor says they prepared and distributed food orders, cleaned the store, worked at the drive-thru window, and operated a register.
Investigators also found that one of the two children was allowed to operate a deep fryer, a prohibited task for workers under 16 years old.
"Too often, employers fail to follow the child labor laws that protect young workers," explained Wage and Hour Division District Director Karen Garnett-Civils in Louisville, Kentucky. "Under no circumstances should there ever be a 10-year-old child working in a fast-food kitchen around hot grills, ovens, and deep fryers."
Franchise owner-operator Sean Bauer said the two 10-year-olds cited in the Labor Department's statement were visiting their parent, a night manager, and weren't employees.
"Any 'work' was done at the direction of — and in the presence of — the parent without authorization by franchisee organization management or leadership," Bauer said Wednesday in a prepared statement, adding that they've since reiterated the child visitation policy to employees.
That investigation involves Bauer Food LLC, a Louisville-based operator of 10 McDonald's locations. The Department of Labor says they employed 24 minors under the age of 16 to work more than legally permitted hours. These children sometimes worked more hours a day or week than the law permits, whether or not school is in session.
Investigators say Archways Richwood LLC – a Walton-based operator of 27 McDonald’s locations – allowed 242 minors between the ages of 14 and 15 to work beyond the allowable hours. Most worked earlier or later in the day than the law permits and more than three hours on school days.
Finally, Bell Restaurant Group I LLC is a Louisville-based operator of four McDonald’s locations and part of Brdancat Management Inc., a larger enterprise that includes Jesse Bell I, Jesse Bell V, and Bell Restaurant Group II, which operates an additional 20 locations in Maryland, Indiana, and Kentucky. Investigators say they allowed 39 workers – ages 14 and 15 – to work outside of and for more hours than the law permits. Some of these children worked more than the daily and weekly limits during school days and school weeks, and the employer allowed two of them to work during school hours. Investigators also found the employer systemically failed to pay workers overtime wages they were due and as a result, the division recovered $14,730 in back wages and liquidated damages for 58 workers.
"These reports are unacceptable, deeply troubling, and run afoul of the high expectations we have for the entire McDonald’s brand," McDonald's USA spokeswoman Tiffanie Boyd said. "We are committed to ensuring our franchisees have the resources they need to foster safe workplaces for all employees and maintain compliance with all labor laws."
In all, the investigations led to assessments of $212,754 in civil money penalties against the employers. Investigators didn't specify which specific McDonald's locations were fined.
Federal child labor regulations limit the types of jobs minor-aged employees can perform and the hours they can work. Hours limits for 14- and 15-year-olds include:
- Work must be performed outside of school hours.
- No more than 3 hours on a school day – including Fridays – and no more than 8 hours on a non-school day.
- No more than 18 hours during a school week and no more than 40 hours during a non-school week.
- No earlier than 7:00 a.m. and no later than 7:00 p.m., except between June 1 and Labor Day when the evening hour is extended to 9:00 p.m.
