Child Labor Violations Found At Loudoun Jersey Mike's Operator: Feds

ASHBURN, VA — A Jersey Mike's operator with three Loudoun locations and a Springfield location faced a penalty for violating child labor regulations, according to the U.S. Department of Labor.

The franchise operator, which has locations in Ashburn, South Riding, Sterling and Springfield, allowed 14 minor children under 16 to operate power-driven meat slicers, according to the federal authorities. This task is not permitted for workers under 18 under the federal Fair Labor Standards Act.

At the Ashburn location, investigators say the employer had overtime violations. Three employees did not have bonuses in the regular rates of pay with overtime pay owed and did not keep accurate records of workers' regular pay rates.

In addition, the department's investigation found minor employees worked either more than eight hours on a non-school day, more than 18 hours during the work week, more than three hours on nights during a school day. Under federal law, 14-year-old and 15-year-old minors cannot work more than three hours on school days and more than eight hours on non-school days. Weekly hours may not exceed 18 hours during the school year and 40 hours outside the school year. In addition, 14 and 15-year-olds may not work past 7 p.m. on school days between Labor Day and May 31 or 9 p.m. between June 1 and Labor Day.

"Employers who hire minors are legally and ethically obligated to comply with child labor standards that protect young people from harm, said Nicholas Fiorello, Wage and Hour Division District director for the U.S. Department of Labor. "In addition to keeping them safe, employers must schedule young workers for times that allow for their education to remain the priority."

The Jersey Mike's operator was identified as JM Burke LLC, a Charleston, South Carolina-based franchise owner. The operator paid $108,161 in civil penalties to resolve child labor violations and paid $856 in overtime back wages to the three affected workers at the Ashburn location.

The operator also agreed to additional measures like staff training, increased corporate site visits, a new website for reporting violations and technology investments to monitor minor worker conditions through store cameras.

Employers, employees parents and teachers are welcome to join a free webinar on child labor protections on April 3. Registration is required.