Candy Store Cited for Violating Child Labor, Overtime Laws

SOMERVILLE, MA – A chain of Massachusetts candy stores will pay nearly $40,000 for violating state wage and hour laws, including child labor, overtime and earned sick time, the attorney general's office announced Friday.

Sugar Heaven – comprised of Boston Total Sugar, Dedham Total Sugar and Somerville Total Sugar – and its lone corporate officer, David Sapers, have been ordered to pay $37,363 in restitution.

The company currently has locations in Somerville and Boston and previously operated in Dedham.

According to the AG's office, an investigation was launched into Sugar Heaven after authorities received a complaint about child labor and earned sick time violations. The shop regularly hired employees under the age of 18.

Sugar Heaven and Sapers violated child labor laws by scheduling and allowing minors to work later or for longer than what is permitted and failing to obtain work permits for minors, the AG's office said. Employees under 18 were also frequently left to close the stores late at night.

Sapers also allegedly violated the earned sick time law by requiring employees to find a replacement worker if they called out sick. No one was paid for sick days and would be forced to show up at work if a replacement was unavailable. According to the AG, employees were not made aware of an earned sick time policy.

Sapers also did not pay four employees earned overtime and failed to pay several workers their final paychecks. Workers also had to pay for cash register shortages and mistakes for which Sapers alleged they were responsible, according to investigators.

This is not Sapers' first citation under state labor laws; last July, the attorney general's office cited him for failing to furnish payroll records

The investigation also found that Sapers failed to pay overtime to four employees. The state’s overtime law requires employers to pay qualifying employees time and one half their regular rate of pay for all hours worked over 40 in a work week.

Sapers also allegedly failed to pay several workers their final paychecks on a timely basis and required employees to pay for cash register shortages and mistakes that he alleged they were responsible for.

The AG’s Fair Labor Division has cited Sapers for violations in the past, most recently in July 2016 for failing to furnish payroll records.

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