finds Denver-area restaurant employed minors to load hazardous equipment, work outside of legally allowed hours | U.S. Department of Labor – U.S. Department of Labor (.gov)

U.S. Department of Labor Investigation Uncovers Child Labor and Overtime Violations at Mt. Fuji Sushi & Hibachi

Overview of Findings

The U.S. Department of Labor (DOL) conducted an investigation into Mt. Fuji Hibachi Inc., operating as Mt. Fuji Sushi & Hibachi, a full-service restaurant located in Aurora. The investigation revealed multiple violations of federal labor laws, including child labor infractions and failure to compensate employees for earned overtime pay.

Child Labor Violations

1. A 17-year-old employee was assigned to operate a trash compactor, a hazardous task prohibited for workers under 18, violating the Fair Labor Standards Act (FLSA) child labor provisions.
2. Fourteen workers aged 14 and 15 were permitted to work beyond legally allowed hours, including later and longer shifts than federal law permits.

According to federal regulations:

• Children aged 14 and 15 may not work later than 7 p.m. between the day after Labor Day and May 31.
• They may not work later than 9 p.m. from June 1 through Labor Day.
• They cannot work more than eight hours per day on non-school days.

Overtime Pay Violations

• Some employees were not paid the required time-and-one-half overtime rate for hours worked over 40 in a workweek; instead, they received straight time pay.
• Other employees were not compensated at all for overtime hours worked.
• The total amount recovered in back wages due to overtime violations was $20,213.

Enforcement Actions and Penalties

• The employer has paid a civil money penalty of $22,249 for child labor violations in addition to back wages.
• The Wage and Hour Division remains committed to enforcing labor laws that protect minors and ensure fair compensation for all workers.

Alignment with Sustainable Development Goals (SDGs)

This enforcement action supports several United Nations Sustainable Development Goals, including:

• SDG 8: Decent Work and Economic Growth – by promoting safe working conditions and fair wages, the DOL ensures inclusive and sustainable economic growth.
• SDG 4: Quality Education – by enforcing child labor laws, the department helps keep children in school and out of hazardous work environments.
• SDG 10: Reduced Inequalities – by protecting vulnerable youth workers, the DOL contributes to reducing inequalities in the workplace.

Resources and Initiatives

The Department of Labor offers several programs and resources to support compliance and promote safe work environments for youth:

• YouthRules Initiative: Provides information on protections for young workers targeting youth, parents, employers, and educators to foster safe and educational work experiences.
• Seven Child Labor Best Practices for Employers: Guidelines to help employers comply with child labor laws.
• PAID Program: Allows employers to self-report and resolve potential violations related to minimum wage, overtime, and Family and Medical Leave Act.
• Back Wage Search Tool: Enables workers to check if they are owed back wages collected by the Wage and Hour Division.
• Free Timesheet App: Available for iOS and Android devices to help workers track hours and pay.

Conclusion

The DOL’s investigation and enforcement actions at Mt. Fuji Sushi & Hibachi underscore the importance of adherence to labor laws that protect young workers and ensure fair compensation. These efforts contribute directly to advancing Sustainable Development Goals by promoting decent work, protecting youth, and fostering equitable economic opportunities.

1. Sustainable Development Goals (SDGs) Addressed or Connected

1. SDG 8: Decent Work and Economic Growth
   • The article focuses on labor law violations, including child labor and unpaid overtime, which directly relate to promoting decent work conditions and economic growth.
2. SDG 4: Quality Education
   • By enforcing child labor laws that restrict hazardous work and excessive hours for minors, the article indirectly supports ensuring children remain in school and receive quality education.
3. SDG 16: Peace, Justice, and Strong Institutions
   • The enforcement actions by the Department of Labor exemplify strong institutions upholding labor laws and justice.

2. Specific Targets Under Those SDGs

1. SDG 8: Decent Work and Economic Growth
   • Target 8.5: Achieve full and productive employment and decent work for all women and men, including young people and persons with disabilities, and equal pay for work of equal value.
   • Target 8.7: Take immediate and effective measures to eradicate forced labor, end modern slavery and human trafficking, and secure the prohibition and elimination of the worst forms of child labor.
2. SDG 4: Quality Education
   • Target 4.1: Ensure that all girls and boys complete free, equitable, and quality primary and secondary education.
3. SDG 16: Peace, Justice, and Strong Institutions
   • Target 16.3: Promote the rule of law at the national and international levels and ensure equal access to justice for all.

3. Indicators Mentioned or Implied to Measure Progress

1. SDG 8 Indicators
   • Indicator 8.5.1: Employment rate by sex, age, and persons with disabilities.
   • Indicator 8.7.1: Proportion and number of children aged 5–17 years engaged in child labor, by sex and age.
   • Number of workers receiving back wages and penalties recovered as a measure of enforcement effectiveness.
2. SDG 4 Indicators
   • Indicator 4.1.2: Completion rate (primary education, lower secondary education, upper secondary education).
   • Implied reduction in child labor allowing children to attend school.
3. SDG 16 Indicators
   • Indicator 16.3.1: Proportion of victims of violence in the previous 12 months who reported their victimization to competent authorities or other officially recognized conflict resolution mechanisms.
   • Number of labor law violations identified and penalties imposed as a measure of rule of law enforcement.

4. Table of SDGs, Targets, and Indicators

Source: dol.gov