A U.S. Department of Labor investigation of a full-service restaurant in Aurora found the employer violated federal child labor law and denied 19 chefs, kitchen staff, and other workers their earned overtime pay.
The department’s Wage and Hour Division found that Mt. Fuji Hibachi Inc., doing business as Mt. Fuji Sushi & Hibachi, violated child labor provisions of the Fair Labor Standards Act by allowing a 17-year-old to load a trash compactor, a hazardous task prohibited for workers under 18. Investigators also found the employer allowed 14 workers ages 14 and 15 to work later and longer hours than permitted by law.
Under federal law, children ages 14 and 15 may not work later than 7 p.m. between the day after Labor Day and May 31, or after 9 p.m. from June 1 through Labor Day, and they cannot work more than eight hours per day on a non-school day.
The investigation also revealed the employer failed to pay time and one-half overtime rates to some employees for all hours worked over 40 in a workweek, instead paying them straight time. Mt. Fuji Hibachi also failed to pay some employees any wages for overtime hours worked. In all, overtime violations resulted in the recovery of $20,213 in back wages.
“Restaurants have a clear legal duty to pay their employees for all hours worked, including overtime, and to provide a safe experience for young workers. The Wage and Hour Division is committed to protecting minors and ensuring employers meet their obligations under the Fair Labor Standards Act,” said Wage and Hour Division District Director David Skinner.
The employer has paid a $22,249 civil money penalty for the child labor violations in addition to the back wages.
The Department of Labor’s YouthRules initiative provides information about protections for young workers to youth, parents, employers, and educators. Through this initiative, the department and its partners promote work experiences that help prepare young workers to enter the workforce. The Wage and Hour Division has also published Seven Child Labor Best Practices for Employers to help employers comply with the law.
The agency’s PAID program offers employers an opportunity to self-report and resolve potential FLSA minimum wage and overtime violations, as well as certain potential violations under the Family and Medical Leave Act.