SAN DIEGO – A McDonald’s franchisee has agreed to pay $25,920 in civil money penalties after a U.S. Department of Labor investigation found the employer assigned minor-aged employees at three Santa Ana locations hazardous work in violation of child labor laws.
The department’s Wage and Hour Division found the restaurants – operated by Man-Cal Inc. and Cal-Man Corp., based in Costa Mesa – violated child labor provisions of the Fair Labor Standards Act by employing minors in hazardous occupations. Investigators identified 18 minor employees loading and operating indoor trash compactors.
The child labor regulations of the FLSA were enacted to protect the educational opportunities of minors and prohibit their employment in jobs and under conditions which are detrimental to their health or well-being. These regulations include restrictions on the types of jobs that minors may perform.
One such rule, Hazardous Occupations Order No. 12, generally prohibits minors less than 18 years of age from loading, operating and unloading power-driven compactors and paper processing machines, including trash compactors and paper and cardboard balers.
In addition to the civil monetary penalties, franchise owner Virginia Mangione agreed to ensure additional training and oversight for managers and employees at all 10 of their locations to prevent future FLSA violations.
“The changes agreed to by the owner will ensure the safety of youth workers,” said Wage and Hour Division District Director Eric Murray in San Diego. “This young workforce is providing high demand services to all of us. In turn, they should not have to demand basic workers’ rights such as safety at the workplace. We advise all employers that hire youth to evaluate their current labor standards and do better for our children.”
View child labor information for employers, parents, young workers and educators.
For more information about the FLSA and other laws enforced by the division, contact the agency’s toll-free helpline at 866-4US-WAGE (487-9243). Learn more about the Wage and Hour Division, including a search tool to use if you think you may be owed back wages collected by the division. Workers can call the Wage and Hour Division confidentially with questions – regardless of their immigration status – and the department can speak with callers in more than 200 languages.