Employer allowed minors to operate oven illegally, work more hours than allowed by law
BOSTON – Not keeping track of how many hours employees under age 16 worked and allowing some to operate a dangerous machine has proved costly for the Berkley, Massachusetts-based operator of 18 Dunkin’ franchise locations in Bristol, Norfolk and Plymouth counties after a U.S. Department Labor investigation.
The department’s Wage and Hour Division learned that Fernando Sardinha, the Dunkin’ franchisee, and his businesses allowed 21 workers, ages 14- and 15-years-old, to work more hours than federal law allows at 12 locations in Assonet, Berkley, Hanover, Marion, Mattapoisett, Middleboro and Weymouth. The division also determined that the employer permitted three employees under age 16 at the Wareham Street location in Middleboro to operate an oven used to make sandwiches, which is a hazardous occupation for young workers.
The division assessed Sardinha and his businesses with $20,121 in civil money penalties to resolve their violations of the Fair Labor Standards Act’s child labor provisions. As part of a settlement agreement, the employers agreed to the following to ensure future FLSA compliance at all of their businesses’ locations:
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