The federal Department of Labor has cited five McDonald’s franchisees for child labor violations involving close to 400 children at 78 locations in Louisiana, Texas, Kentucky, Indiana, Maryland, and Ohio, including two ten-year-olds – legally not permitted to work – working as late as 2 A.M.

The federal government and many states have specific laws governing ages, hours and types of work permitted for minors. The laws often prohibit children under age 14 from working at most occupations.  They restrict 14- and 15-year-olds from working more than certain specified hours to avoid interfering with their schooling and prohibit work in most hazardous occupations.  16- and 17-year-olds are still restricted as to hours of work and jobs performed, but to a lesser degree.

In the McDonald’s cases, children under 16 were operating prohibited manual deep fryers, an oven, and trash compactors and working more hours than permitted.

Wage and Hour Division Dallas Regional Administrator Betty Campbell stated: “Employers must never jeopardize the safety and well-being of young workers or interfere with their education.  While learning new skills in the workforce is an important part of growing up, an employer’s first obligation is to make sure minor-aged children are protected from potential workplace hazards.”

She continued: “Employers are strongly encouraged to avoid violations and their potentially costly consequences by using the many child labor compliance resources we offer or by contacting their local Wage and Hour Division office for guidance.”

Examples of two states with restrictions on minors working are California and Florida.  In addition to ages, hours and types of work restrictions, California requires employers to obtain work permits and Florida requires age certifications, in each case, issued by the minor’s school.

Take Aways:

Before hiring minors, employers must become educated on the federal and state restrictions for minor employment and comply with those in all minor hiring decisions.  Employers must comply with whichever law, state or federal, is stricter on a given point.

For further information, please contact Tim Bowles, Cindy Bamforth or Helena Kobrin.

See also:

• Older Workers Have Rights – and Experience: Seniors Get It Done (June 2, 2023)
• Sexual Harassment Is No Joke; EEOC Obtains $2 Million Settlement with McDonald’s Franchisees for Tolerating Sexual Harassment  (February 10, 2023)
• Predator Extinction Program: EEOC Sues Chipotle for Sexual Harassment of Teen Workers (March 18, 2022)

Helena Kobrin
August 11, 2023