US DOL Finds SC Fast-food Restaurant in Violations

U.S. Department of Labor finds South Carolina fast-food restaurants endangered minor employees, violated their work hours limits

Violations found at Subway, Popeyes, Burger King, Frodo’s locations.

COLUMBIA, SC (StLouisRestaurantReview) Following is information released by the U.S. Department of Labor.  Restaurants have been under overwhelming pressure for the past 2.5 years due to the pandemic.  The DOL is pursuing cases in the restaurant industry.  We are not suggesting that they are targeting the industry, but there are clearly violations caused by the pandemic.  Be sure you are informed and in compliance.

Operators of four well-known fast food restaurant locations illegally employed workers under the age of 18 at hours and in occupations that jeopardized their safety, a series of investigations by the U.S. Department of Labor has found.

Part of a cross-regional food services initiative in the Southeast by the department’s Wage and Hour Division, the investigations identified violations by operators of:

• Subway
• Popeyes Louisiana Kitchen
• Burger King
• Frodo’s Pizza locations across the state.

“Restaurant industry employers must understand and comply with child labor laws concerning hours and occupations,” said Wage and Hour Division District Director Jamie Benefiel in Columbia, South Carolina.  “Child labor laws exist to ensure that young workers gain valuable workplace experience, but not at the expense of their education or safety.  Industry employers, workers, and their parents should contact us with their questions about youth employment laws.  The kinds of violations found in these South Carolina investigations – and the penalties associated with them – could have been avoided.”

Investigators found the following violations of the child labor provisions of the Fair Labor Standards Act:

Subway:

Harvey Restaurant Co., the operator of two Greenville locations and two in Travelers Rest, allowed 13 minor employees between the ages of 14 and 15 to work past 9 p.m. during the summer months.  The division assessed the employer a $4,491 civil money penalty.

Pleasantway Inc., the operator of two Greenville locations and one in Greer, allowed five 15-year-old employees to work past 7 p.m. between Labor Day and June 1.  Four of these minors were also employed in prohibited baking activities.  The division assessed the employer a $4,902 civil money penalty.

Burger King:

Carolina Franchise Holdings LLC, the operator of 36 Burger King franchise locations in the Carolinas, Georgia, and Florida, allowed two 15-year-old employees to work more than 18 hours per week during school weeks at a Newberry location.  As a result, the division assessed the employer a $1,382 civil money penalty.

Popeyes Louisiana Kitchen:

PLC Dev Group LLC, operator of nine franchises in South Carolina and one in North Carolina, allowed three 15-year-old employees to work more than 18 hours per week during school weeks at South Carolina establishments in Seneca, Columbia, and Mauldin.  As a result, the division assessed the employer a $2,073 civil money penalty.  Investigators also determined that PLC Dev Group clocked out some employees automatically while they continued to perform work.  As a result, the division recovered $2,031 in overtime back wages and liquidated damages for nine workers at South Carolina locations in Anderson, Boiling Springs, Columbia, Mauldin, and Greer.

Frodo’s Pizza:

FPI Inc., the operator of a Greenville location, allowed three 16-year-old employees to work as delivery drivers.  Federal law prohibits minors from operating motor vehicles as part of their occupation.  The division assessed the employer a $3,006 civil money penalty.

In fiscal years 2020 and 2021, the Wage and Hour Division’s Southeast region found child labor violations in more than 190 foodservice employers investigated, resulting in more than $1 million in penalties assessed to employers.

SOURCE: U.S. Department of Labor – visit their website for information.