ATHENS, GA – A federal investigation has found two Zaxby’s franchise restaurants in Lilburn and Grayson endangered minor-aged employees and allowed them to work outside of prescribed hours, in violation of federal child labor laws.
The U.S. Department of Labor’s Wage and Hour Division determined that Encore Foods Inc. of Athens allowed 15-year-old workers to operate deep fryers without automatic controls to lower and raise fry baskets into the oil or grease, an occupation violation for minors under 16. The employer also permitted workers of the same age to work beyond what the law allows during the school year. These actions violated child labor provisions of the Fair Labor Standards Act.
Division investigators also found Encore Foods failed to include non-discretionary bonuses into the pay rate when calculating overtime, which led the employer to pay a lower rate than the law requires. In addition, the employer paid salaried employees less than the minimum requirement of $684 per week. As a result, the salaried employees were entitled to overtime pay.
The division’s investigation led to the payment of a $15,533 civil money penalty by Encore Foods for its violations, and the recovery of $1,907 in back wages for 10 workers.
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