A south-central Idaho grocery chain will pay more than $255,000 in penalties and back wages after federal investigators found the company allowed six minors to perform dangerous work and failed to properly pay overtime wages.
The U.S. Department of Labor reached a settlement with Swensen’s Magic Markets LLC requiring the company to pay $250,833 in civil money penalties and $5,078 in back wages and damages. The agreement also requires the employer to take steps to ensure future compliance with federal child labor laws.
The penalty follows an investigation by the department’s Wage and Hour Division that found Swensen’s Magic Markets violated federal child labor laws by allowing minor-aged workers to clean meat slicers, meat tenderizers and grinders, load trash compactors, and operate a rotisserie. The company also required youth to work outside legally allowed hours and employed a 13-year-old child, which falls below the legal age of employment for non-agricultural jobs.
“Early work experience should not come at the expense of a child’s well-being and educational opportunities,” said Wage and Hour Division District Director Katherine Walum in Portland, Oregon. “Federal law protects young workers from the dangers involved in the operation and maintenance of commercial-grade equipment, and ensures they are not working late hours on school nights.”
Overtime violations found
In addition to the child labor violations, investigators found that Swensen’s Magic Markets failed to combine work hours from various locations, resulting in overtime violations for three workers who did not receive additional half-time pay for hours worked over 40 in a workweek. The division recovered $2,539 in back wages and an equal amount in damages for those workers.
Swensen’s Magic Markets operates locations in Hagerman, Paul, and Twin Falls and employs about 80 workers across its stores.
“Employers must abide by child labor laws and regulations,” Walum said. “Employers, parents, and school personnel should visit our YouthRules.gov website to learn how to protect young workers.”
Resources for employers
The Department of Labor’s YouthRules site offers information about protections for young workers to youth, parents, employers and educators. The Wage and Hour Division has also published Seven Child Labor Best Practices for Employers to help employers comply with the law.
Employers and workers can call the division with questions through the agency’s toll-free helpline at 866-4US-WAGE. The agency also offers a free Timesheet App for iPhone and Android devices to track hours and pay.
