CLARKESVILLE, Ga. — A Clarkesville Zaxby’s must pay $15,000 in fines after a Department of Labor investigation found 19 underage employees were put to work outside of the legally allowed hours.
According to the Dept. of Labor, the McDreams Enterprises franchise location let minors work during school hours and more than three hours per school day, as well as shifts longer than eight hours on non-school days. Both of these shift lengths are illegal, according to federal law.
The 19 workers, all between the ages of 14 and 15 years old, worked more than 18 hours during school weeks before 7 a.m. or after 7 p.m., also a violation of the Fair Labor Standards Act, according to USDOL.
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Along with the illegal hours, the investigation discovered that “the employer allowed 15-year-old employees to operate a deep fryer without automatic controls to lift the fry basket in and out of the hot oil or grease,” which is a prohibited task for minor workers.
The investigation also discovered two general managers did not meet the minimum weekly salary of $684 for an overtime exemption.
USDOL said McDreams Enterprises lost their ability to claim overtime exemptions for the employees and owed them time-and-a-half payment for the hours the two general managers worked.
McDreams Enterprises was fined $15,979 for child labor violations, while $1,177 was recovered for the two employees, according to USDOL.
“With the widespread employment of minors in the restaurant industry, many employers must understand the laws that govern when, how often and how long minors work, and the tasks they are assigned. Employers must carefully observe the fine line between giving minors meaningful work experience and putting their safety, well-being and schooling opportunities at risk,” Wage and Hour Division District Director Steven Salazar in Atlanta said. “We encourage, employers, parents, educators and young workers to use the variety of resources we provide and attend our upcoming webinar on April 26, to learn their obligations and rights under the law.”
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A Zaxby’s spokesperson released a statement to Channel 2 Action News on Friday evening that read:
At Zaxby’s we care about the safety and well-being of all of Zaxby’s team members. The location in Clarksville, Ga. is independently owned and operated by a licensee of Zaxby’s. Zaxby’s requires that all of its licensees put in place measures to ensure regulatory compliance. Zaxby’s recognizes that while allowing younger team members to gain valuable work experience, such work must not risk their safety or interfere with their education.
Channel 2 Action News also reached out to the Zaxby’s location by phone and an email address for someone listed as associated with McDreams Enterprises but has not received a response.
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