The Department of Labor has assessed fines totaling $101,550 for a Somerset,
Texas, fireworks retailer the department says violated the youth-employment
provisions of the Fair Labor Standards Act (FLSA).
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The penalties follow an investigation by the department's San Antonio area
office of the Wage and Hour Division covering the period June 1999 to January
2002. The department says the investigation, which was limited to San Antonio
and the surrounding area, revealed that 73 minors were employed in violation
of the FLSA; 11 were under the age of 14.
"The Department of Labor is committed to ensuring that all workers work
in safe and healthy workplaces," says Secretary of Labor Elaine L. Chao.
"The $101,550 in civil money penalties imposed against this company reflects
the highest allowable under law and the Department's special emphasis on protecting
young workers from high hazard conditions in the workplace."
Mr. "W" Fireworks operates approximately 250 firework stands throughout
Texas, Oklahoma, and New Mexico, with their corporate offices located just outside
San Antonio. The company has filed an exception to the penalties and the Department
of Labor has filed an order to have the case heard before an administrative
law judge.
The Wage and Hour Division says its investigation
found minors working as late as 11 p.m.
"We hope the company will agree to develop and implement a program for
training its personnel in employing young workers in accordance with the department's
YouthRules! Program," says Tammy McCutchen, administrator of the department's
Wage and Hour Division.