Salem, Portsmouth Tuscan Brands Restaurants Violated Child Labor Laws

MANCHESTER, NH — Four restaurants that are part of the popular New England ownership group Tuscan Brands were identified on Tuesday as having committed child labor violations by the U.S. Department of Labor Wage and Hour Division's Northern New England District Office in Manchester.

In a news release, the division said it conducted investigations and found that the Tuscan Brands restaurants along with nine Coughlin, Inc.-owned McDonald's franchises in Vermont and New Hampshire and 12 Dunkin' franchises, under one ownership group, had committed violations. The division said its findings were part of increased child labor investigations and Fair Labor Standards Act (FLSA) violations nationwide.

The release said Tuscan Kitchen and Tuscan Market in Salem, Toscana Chop House in Portsmouth and Tuscan Sea Grill in Newburyport, Massachusetts, had committed violations and that the restaurants had paid a total of $15,737 in assessed civil penalties.

The violations included: allowing 11 workers — ages 14 and 15 years old — to work excessive hours under federal law and employing one 13-year-old minor, which is below the federal minimum age of 14 for most employment in non-agricultural occupations.

The Wage and Hour Division did not identify which Tuscan Brands restaurants committed which violations.

The McDonald's and Dunkin' franchises had similar violations of teenage employees working beyond the number of hours that federal law permits. Both restaurant groups also were cited for allowing minors to operate cooking equipment in an unsafe manner and performing prohibited baking duties. Multiple minors had received burns performing the restricted work, the division said.

Coughlin Inc., owners of the nine McDonald's restaurants paid $109,125 in accessed civil penalties for the violations, while the owners of the 12 Dunkin' franchises paid $49,756 in civil money penalties for the FSLA violations, according to the division.

The division said the owners of the McDonald's restaurants and Dunkin' franchises also signed enhanced compliance agreements to reduce future child labor violations.

The agreements included "best practices" measures like color-coded name tags identifying workers as too young to operate certain equipment, additional training sessions for management on youth employment restrictions and the appointment of a compliance director to oversee child labor compliance.

The news release did not say if Tuscan Brands had signed, or would sign, a similar agreement.

The company has not yet responded to Patch's request for a statement about the violations.

Steven McKinney, the district director of the Wage and Hour Division, said ensuring the safety of young workers and bringing employers into compliance with the FLSA's child labor restrictions are high priorities for his division.

"We encourage employers to be proactive and to use best practice measures to ensure they protect young workers," McKinney said. "As the labor market tightens, employers may look to younger workers to fill job vacancies. However, there are limits on what jobs young workers can perform and how often they can work."

McKinney urged employers to review the Wage and Hour Division's YouthRules! initiative materials and Seven Child Labor Best Practices for Employers website in order to familiarize themselves with FLSA and child labor laws. He also said employers could contact the Wage and Hour Division directly with questions about keeping minors safe in the workplace.

Additionally, the division's Northern New England District Office offers free webinars for employers, parents, and educators to learn more about the FLSA's youth employment protections.

The 60-minute webinars are scheduled for 10 a.m. on Sept. 29 and 2 p.m. on Oct. 6. Attendance is free, but registration is required.

The U.S. Department of Labor also operates a toll-free helpline at 866-4US-WAGE (487-9243). The line provides more information about young workers' rights and allows workers to call confidentially with questions regardless of immigration status. The department can speak with callers in more than 200 languages.

The Wage and Hour Division also offers a fact sheet about Fair Labor Standards Act wage protections and the restaurant industry and information for young workers, parents, and educators about child labor to help promote positive and safe work experiences for teens.