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January 31, 2024
Last week, the U.S. Department of Labor (DOL) announced that, following an investigation, it assessed over $42,000 in civil penalties against three Cold Stone Creamery sites in Utah.
The DOL’s Wage and Hour Division found that the stores violated federal law by allowing minors, aged 14 to 15 years old, to work too late in the day and too many hours in a week while school was in session.
Under federal law, 14- and 15-year-olds may not work more than 18 hours per week when school is in session. In addition, they may not work after 7 p.m. on any day, except from June 1 through Labor Day, when nighttime work hours are extended to 9 p.m.
Utah’s child labor laws with respect to daily end-of-work times and weekly hours during the school year are less restrictive than federal law. Utah allows minors under the age of 16 to work until 9:30 p.m. and allows them to work up to 40 hours in any week.
However, where federal child labor law is more protective than state law, federal law applies.
In response to the DOL’s allegations, Cold Stone Creamery contended that it relied on erroneous legal guidance advising it to follow state guidelines.
Employers: Child labor laws vary by age and task. They also vary between federal and state. As this matter demonstrates, at least 42,000 reasons exist to ensure that you have competent counsel to advise you as to the applicable law.
*Special thanks to Ava Petrellese, our Paralegal, for her contributions to this article.
The author of this article, Patricia Tsipras, is a member of the Bar of Pennsylvania. This article is designed to provide one perspective regarding recent legal developments, and is not intended to serve as legal advice in Utah, Pennsylvania, or any other jurisdiction, nor does it establish an attorney-client relationship with any reader of the article where one does not exist. Always consult an attorney with specific legal issues.
