Tag Archive for: Fines

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Poultry processor House of Raeford to pay fine for child labor violations at Teachey, NC, plant following US Department of Labor investigation

U.S. Department of Labor Press Release/Wage and Hour Division [Oct. 16, 2012]

TEACHEY, N.C. — The U.S. Department of Labor has assessed a total of $12,400 in civil money penalties against poultry processor House of Raeford Farms Inc. following an investigation by the department’s Wage and Hour Division that found minors performing hazardous duties prohibited by the Fair Labor Standards Act’s child labor provisions.

“Employers who hire young workers must comply with all federal and state regulations intended to keep our youth safe on the job,” said Richard Blaylock, director of the division’s Raleigh District Office. “This situation is particularly disappointing because the company previously was cited for the same type of violation. It is critical for employers to learn about and comply with the child labor provisions of America’s labor laws.”

Investigators found that two minors, both age 17,were employed in the company’s deboning department, where they were required to operate an electric knife in violation of the FLSA’s Hazardous Occupation Order No. 10, which prohibits workers under the age of 18 from operating or cleaning powered meat processing equipment, including meat slicers.

In addition to paying the civil money penalties, the company has agreed to maintain future compliance with the FLSA’s child labor provisions.

House of Raeford Farms Inc. has processing facilities in North Carolina, South Carolina, Georgia and Louisiana, including six fresh poultry processing plants and two further processing plants.

The FLSA establishes a minimum age of 18 for workers in those nonagricultural occupations that the secretary of labor finds and declares to be particularly hazardous for 16- and 17-year-old workers or detrimental to their health or well-being. These rules must be followed unless a specific exemption applies. More information on child labor rules can be found at https://www.dol.gov/elaws/youth.html and information about hazardous occupations orders is available at https://www.dol.gov/whd/regs/compliance/whdfs43.htm.

The division’s Raleigh office can be reached at 919-790-2742. Information on the FLSA and other wage laws is available by calling the division’s toll-free helpline at 866-4US-WAGE (487-9243) and at https://www.dol.gov/whd.

Contact: Michael D’Aquino
Phone: 404-562-2076
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US Labor Department Fines Marcus Theatres, Regal Cinemas and Wehrenberg movie theatre chains more than $277,000 for Child Labor Violations

WHD News Release: [03/01/2011]

Contact Name: Scott Allen or Rhonda Burke

Release Number: 11-0247-NAT

Minors in 9 states found performing hazardous work, working longer hours than permitted by law

CHICAGO — The U.S. Department of Labor has assessed a total of $277,475 in civil money penalties against three movie theatre companies, Marcus Theatre Corp., Regal Cinemas Inc. and Wehrenberg Inc., for allowing dozens of teens to perform hazardous jobs and work longer hours than allowed by the youth employment provisions of the Fair Labor Standards Act.

The Labor Department’s Wage and Hour Division, through a strategic enforcement initiative aimed at curbing violations in an industry found to have a high rate of non-compliance with child labor laws, discovered approximately 160 minors were being required to perform hazardous jobs — such as operating paper balers and trash compactors, operating motor vehicles, using power driven mixers and baking — in theatres owned by the three chains. Marcus Theatre Corp. also allowed youth to work beyond permitted hours. The 27 theatres where the minors were employed are in nine states: California, Illinois, Indiana, Minnesota, Missouri, Nebraska, Ohio, South Carolina and Wisconsin. Read more

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US Labor Department cites Nickerson Farms for child labor violations

More than $48,000 in penalties assessed after investigators find 7 children working in fields

Wage & Hour Press Release

PHOENIX — The U.S. Department of Labor has fined Robert Nickerson Farms of Wellton, Ariz., $48,000 in civil money penalties after finding seven children between the ages of nine and 13 working during this past summer’s okra harvest.

An investigation by the department’s Wage and Hour Division determined that Robert Nickerson Farms employed six children – three 13-year-olds, one 12-year-old, one 11-year-old and one 9-year-old – to weed okra fields between June and August of this year. Another 11-year-old was hired to set gopher traps and dispose of the dead animals. Investigators confirmed that the children over 11 years of age were all employed without written parental consent, which is required by the Fair Labor Standards Act’s child labor provisions. Children under the age of 12 cannot legally be employed by Robert Nickerson Farms.

“Having children under the legal age of employment work in agriculture, and without written parental consent, is not only wrong but against the law,” said George Friday Jr., regional administrator of the Wage and Hour Division’s Western Regional Office. “We must do everything that we can to protect the most vulnerable workers among us.”

Individuals under the age of 12 may be employed in agricultural jobs with parental consent, but only on very small farms that are not subject to the federal minimum wage requirements. The Robert Nickerson farm is categorized as a large farm, employing more than 80 workers. Twelve- and 13-year-olds may be employed in agricultural settings if they are working on the same farm as a parent or with a parent’s written consent. Generally, no hired farmworker under the age of 16 may be employed during school hours or perform hazardous work. Employers must maintain records of hours worked, pay and dates of birth for all individuals under age 19. Most farm workers, even the youngest, must receive at least the federal minimum wage of $7.25 for every hour worked.

The Labor Department recently initiated a new, tougher child labor civil money penalty structure to address employers who employ individuals who are too young to work. Employers who illegally employ individuals ages 12 or 13 will face a penalty of at least $6,000 per violation. If a worker is under 12 years of age and illegally employed, the penalty will be at least $8,000. The penalty assessed Robert Nickerson Farms is part of this penalty structure. For more information about the FLSA, youth employment, the jobs younger workers may perform and the hours they may work, call the division’s Phoenix office at 602-514-7100 or its national toll-free helpline at 866-4US-WAGE (487-9243). Information is also available on the Internet at www.dol.gov/whd.

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