Is This 2011, Or 1900?

One violation can be seen as an oversight.  Twice is ignorance.  More than that is a flagrant violation of the laws written to protect our children.  Now, when one discovers that the violations occurred not just at one store, but at five stores,  it becomes obvious that the owners could care less about our children.

Too harsh?  Just paperwork snafu's?  Scheduling foul ups?  After you read the article below, scan the summary of the Massachusetts Child Labor Laws posted under the article, and ask yourself, "Is my child affected where they work?".  If you think they might be, give Martha a call.  (617) 727-2200

Dunkin’ franchisees fined for child labor violations

Boston Business Journal - by Lisa van der Pool

Date: Tuesday, May 17, 2011, 12:09pm EDT

A pair of Dunkin' Donuts franchise owners have been cited and fined for violating state child labor laws at stores in four Massachusetts towns, according to Attorney General Martha Coakley’s office.

The two Dunkin’ franchisees are James Carafotes, 54, of Sutton, Mass. and his business partner Dinart Serpa, 52, of Beverly, Mass. The two business partners own five franchise locations in Fiskdale, Oxford, Sturbridge and Southbridge, the Attorney General's Office said.

Carafotes, Serpa and their five franchise locations have been fined a total of $7,700 for multiple violations of the state’s child labor laws, according to Coakley’s office.

During an investigation of the frachises in question, investigators discovered that they employed minors before the earliest permissible hour and after the latest permissible hour, according to Coakley’s office. The owners were also cited for employing minors without the required work permits and for failing to post all minors’ work schedules in the workplaces.

Summary of Massachusetts Laws Regulating Minors' Work Hours and Occupation Restrictions

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Prohibited Jobs (Hazardous Orders)

Persons under 14 may not work.  There are a few exceptions to this such as working as news carriers, on farms, and in entertainment (with a special permit).

Persons under 16 may NOT:

• Operate, clean, or repair power-driven machinery (except office machines or machines for retail, cleanup, or kitchen work not otherwise prohibited
• Cook (except on electric or gas grills that do not have open flames)
• Operate fryolators, rotisseries, NEICO broilers, or pressure cookers
• Operate clean or repair power-driven food slicers, grinders, choppers, processors, cutters, and mixers
• Perform any baking activities
• Operate microwave ovens (except to heat food in microwave ovens with a maximum capacity of 140 degrees Fahrenheit)
• Clean kitchen surfaces that are hotter than 100 degrees Fahrenheit
• Filter, transport, or dispose of cooking oil or grease hotter than 100 degrees Fahrenheit
• Work in freezers or meat coolers
• Work in a manufacturing facility or occupation (e.g., in a factory, as an assembler)
• Work on or use ladders, scaffolds, or their substitutes
• Work in garages, except dispensing gas and oil
• Work in brick or lumber yards
• Work in amusement places (e.g., pool or billiard room, or bowling alley)
• Work in barber shops
• Work in door-to-door street sales, including work as a sign waiver (except directly outside employer establishment)
• Work in construction, transportation, communications, or public utilities (except doing clerical work away from heavy machinery off the job site)
• Work in warehouses (except doing clerical work)
• Load or unload trucks, railroad cars, or conveyors
• Ride in or on a motor vehicle (except in passenger seat if wearing a seatbelt)
• Work doing laundry in a commercial laundry or dry cleaning establishment
• Work as a public messenger
• Work at processing operations (e.g., in meat or fish, poultry catching, cooping, cracking nuts, bulk or mass mailing)
• Work around boilers or in engine rooms
• Do industrial homework
• Work with dangerous electrical machinery or appliances
• Work in any of the occupations or tasks prohibited for persons under age 18
• Enage in work that is determined by the Massachusetts Attorney General to be dangerous to the health and well-being of minors

Persons under 18 may NOT:

• Drive a vehicle, forklift, or work assist vehicle (except golf carts in certain circumstances)
• Ride as a passenger on a forklift
• Operate, clean, or repair power-driven meat slicers, grinders, or choppers
• Operate, clean, or repair power-driven bakery machines (except for certain countertop models and pizza dough rollers)
• Work 30 feet or more above ground or water
• Handle, serve, or sell alcoholic beverages
• Use circular, chain, or band saws; guillotine shears; wood chippers; and abrasive cutting discs
• Use power-driven woodworking machines
• Use, service, drive, or work from hoisting machines
• Operate or load power-driven balers, compactors, or paper processing machines
• Use power-driven metal-forming, punching, or shearing machines
• Use buffing or polishing equipment
• Manufacture brick, tile, or kindred products
• Manufacture or store explosives
• Work in excavation, wrecking, demolition, or shipbreaking
• Work in forest fire fighting, forest fire prevention, timber track operations, and forestry service
• Work in logging, sawmilling, or mining
• Work slaughtering, packing, or processing meat and poultry
• Work in railway operations
• Work in roofing or on or about a roof
• Work in foundries or around blast furnaces
• Work manufacturing phosphorus or phosphorus matches
• Work where they are exposed to radioactive substances
• Work as a firefighter or engineer on a boat
• Oil or clean hazardous machinery in motion
• Work in any job requiring the possession or use of a firearm

Tasks not specifically permitted by the US DOL Secretary of Labor are prohibited.
This is a compilation of state and federal child labor laws. The most protective laws are presented here and apply to all employers of teens including parents who may employ their children. There are additional regulations in this area not summarized here and some exceptions for employers in agricultural industries. 

Questions about the state child labor laws should be directed to the Massachusetts Office of the Attorney General, Fair Labor Division (617-727-3465).

Questions about federal child labor laws should be directed to the U.S. Department of Labor, Wage and Hour Division (617-624-6700).

Legal Work Hours for Teens in Massachusetts

Note: After 8:00 p.m., all minors must have the direct and immediate supervision of an adult supervisor who is located in the workplace and is reasonably accessible to the minor, unless the minor works at a kiosk, cart or stand in the common area of an enclosed shopping mall that has security from 8:00 p.m. until the mall is closed to the public.

14 and 15 Year Olds Work Hours

Only between 7 a.m. and 7 p.m. during the school year

Not during school hours

Only between 7 a.m. and 9 p.m. during the summer

(from July 1 through Labor Day)

Maximum Hours When School Is in Session

18 hours a week

3 hours a day on school days

8 hours a day Saturday, Sunday, holidays

6 days a week

Maximum Hours When School Is Not in Session

40 hours a week

8 hours a day

6 days a week

16 and 17 Year Olds Work Hours

Only between 6 a.m. and 10 p.m. (on nights preceding a regularly scheduled school day) – if the establishment stops serving clients or customers at 10:00 p.m., the minor may be employed until 10:15 p.m.

Only between 6 a.m. and 11:30 p.m. (on nights not preceding a regularly scheduled school day).

Exception for restaurants and racetracks: only between 6 a.m. and 12:00 midnight (on nights not preceding a regularly scheduled school day).

Maximum Hours of Work – Whether or Not School is in Session

48 hours a week

9 hours a day

6 days a week