LaBelle Winery Companies Fined $22K For Child Labor Violations

AMHERST, NH — The owners of two New Hampshire wineries have paid a child labor violation fine as well as back wages to 69 employees, according to the U.S. Department of Labor.

The LaBelle Winery and Americus at LaBelle Winery, which has locations in Amherst, Derry, and Portsmouth, were found to have violated federal child labor provisions in the Fair Labor Standards Act. Specifically, the companies allowed 33 employees under the age of 16 to work more hours than allowed by law.

The minimum age for most non-agricultural jobs is 14 and are subject to requirements and limitations. Young workers under 16, as an example, cannot work more than three hours on a school day or eight hours on a non-school day. They also cannot work more than 18 hours a week during the school year or 40 hours a week during the summer or vacation weeks. Children are also not allowed to work before 7 a.m. or after 7 p.m. between Labor Day and June 1. During the summer months, workers under 16 can work until 9 p.m.

In the case against LaBelle, they allowed workers under 16, in both Amherst and Derry, to work as many as six hours on school days and nine on non-school days as well as 24 hours during a school week. Some young employees worked as late as 11 p.m.

The company was fined $22,803.

During the investigation, federal officials also found that LaBelle required tipped employees to pay for uniforms during their first week of employment, a violation of the law. They also failed to pay overtime to non-exempt employees paid on a salary basis. LaBelle also paid incorrect overtime to tipped employees.

After correcting the record-keeping violations, the company paid $14,698 in back wages to 69 workers, according to the department.

“The Fair Labor Standards Act’s youth employment regulations exist to ensure youths’ jobs and work hours do not jeopardize their safety, well-being or educational opportunities,” Wage and Hour District Director Steven McKinney of the department’s Manchester, New Hampshire office, said. “Employers can prevent violations from occurring in the first place if they know, understand and comply with the FLSA’s child labor, wage and recordkeeping requirements. We urge employers to review their employment practices and contact our office to discuss any questions they may have.”

The company did not return an email seeking comment about the fine or back wage decision.

LaBelle has been in business for nearly 12 years. It has previously won Woman-Owned Business of the Year in New Hampshire and in the New England Region by the U.S. Small Business Administration. The vineyard in Amherst has six grape varietals with around 2,000 vines. It harvests thousands of pounds of grapes each year.

For more information about employment laws enforced by the division, contact the agency’s toll-free helpline at 866-4US-WAGE. Learn more about the Wage and Hour Division, including a search tool to use if you think you may be owed back wages collected by the division. Workers can call the Wage and Hour Division confidentially with questions regardless of their immigration status. The department can also speak with callers in more than 200 languages.

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