The U.S. Department of Labor found that four Northern Virginia Jersey Mike’s franchise locations allowed employees under the age of 16 to perform dangerous tasks and work longer than permitted in violation of federal child labor regulations.
The department’s wage and hour division determined that JM Burke LLC, the Charleston, S.C.-based operator, violated the Fair Labor Standards Act at locations in Ashburn, South Riding, Springfield and Sterling by allowing 14 minor-aged children to operate power-driven meat slicers, a hazardous occupation under federal law.
The division also found JM Burke employed minors to either work more than eight hours on a non-school day, more than 18 hours during a school week, more than three hours on a school day after 7 p.m. between the day after Labor Day and May 31, or after 9 p.m. between June 1 and Labor Day, all child labor violations.
JM Burke paid $108,161 in civil money penalties to resolve its child labor infractions.
Investigators also identified overtime violations at the Ashburn location, where the employer failed to include bonuses in three employees’ regular rates of pay when calculating overtime wages owed. The employer also failed to maintain accurate records of workers’ regular pay rates. JM Burke paid $856 in overtime back wages to these affected workers.
“Employers who hire minors are legally and ethically obligated to comply with child labor standards that protect young people from harm,” said Nicholas Fiorello, wage and hour division district director in Baltimore. “In addition to keeping them safe, employers must schedule young workers for times that allow for their education to remain the priority.”
JM Burke LLC has agreed to future enhanced compliance that includes staff training, increased corporate site visits, the creation of a website for reporting violations and investments in technology to monitor internal store cameras.
For more information about young workers’ rights and other employee rights enforced by the division, call 866-4US-WAGE (487-9243).
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Crystal Graham
