The U.S. Department of Labor has fined a Zaxby’s franchise business based in Clarkesville nearly $16,000 after an investigation revealed 19 underaged employees worked outside of legally allowed hours. However, as Now Habersham previously incorrectly reported, the violations did not occur at the restaurant in Clarkesville.
According to Erika Ruthman of the U.S. Department of Labor Public Affairs Office in Atlanta, the child labor violations occurred at five properties owned by Mcdreams Enterprises, Inc. The enterprise operates six restaurants in the Atlanta area. Ruthman says child labor violations were found at five of them:
- 2316 Panola Road., Lithonia
- 451 South Deshon Road, Lithonia
- 4805 Flat Shoals Pkwy, Decatur
- 3809 North Druid Hills Road, Decatur
- 1152 South Hairston Road, Stone Mountain
No violations were found at the company’s franchise at 3490 Memorial Drive, in Decatur, says Ruthman.
According to the U.S. Department of Labor investigation, minors were allowed to work during school hours and more than three hours on a school day. The 14- and 15-year-olds were also allowed to work more than eight hours on non-school days, more than 18 hours during the school week, and before 7 a.m. or after 7 p.m.
Those hours and shifts violate the child labor provisions under the Fair Labor Standards Act, according to USDOL.
Along with the illegal hours, federal investigators discovered “the employer allowed 15-year-old employees to operate a deep fryer without automatic controls to lift the fry basket in and out of the hot oil or grease,” which is a prohibited task for minors.
Investigators said they also learned Mcdreams Enterprises Inc. failed to meet the minimum weekly salary of $684 for two general managers. By doing so, the employer lost its right to claim an overtime exemption for the employees and owed them time-and-a-half for the extra hours they worked.
USDOL fined McDreams Enterprises $15,979 for child labor violations. The agency also recovered $1,177 in back wages and liquidated damages for the two employees.
“With the widespread employment of minors in the restaurant industry, many employers must understand the laws that govern when, how often, and how long minors work and the tasks they are assigned,” said Wage and Hour Division District Director Steven Salazar. “Employers must carefully observe the fine line between giving minors meaningful work experience and putting their safety, well-being, and schooling opportunities at risk.”
A Zaxby’s spokesperson released a statement to Now Habersham stating, “Zaxby’s requires that all of its licensees put in place measures to ensure regulatory compliance. Zaxby’s recognizes that while allowing younger team members to gain valuable work experience, such work must not risk their safety or interfere with their education.”
Salazar encourages employers, parents, educators, and young workers to attend the labor department’s upcoming webinar on April 26 to learn about their legal obligations and rights.
