McDonald's Franchise Owners Accused of Violating Child Labor Laws

By Ashley Turner

The U.S. Department of Labor said on Monday that more than 100 teenagers were involved in child labor violations at McDonald's restaurants in the Pittsburgh area. Fast food franchisee Santonastasso Enterprises illegally placed 14- and 15-year-olds in shifts outside allowable hours or overworked them at 13 of its restaurants, according to officials. The violations included working more than 3 hours per day and after 7 p.m. on school days, working more than 8 hours on a non-school day, and more than 18 hours a week in a regular school week, among other impermissible hours. 

"Permitting young workers to work excessive hours can jeopardize their safety, well-being and education," John DuMont, district director of the agency's wage and hour division in Pittsburgh, said in a statement. "Employers who hire young workers must understand and comply with federal child labor laws or face costly consequences." Another case involved a 16-year-old operating an automatic deep fryer without a device to lower and lift the baskets, which is not allowed for minors in that age group.

A working teenager under 16 can't clock in after 7 p.m. on school days or work more than 3 hours per day under the Fair Labor Standards Act. The maximum number of hours they can work during a school week is 18 hours, and they cannot work more than 8 hours on non-school days. During the summer, the laws are more flexible when schools are not in session. Teenagers can work until 9 p.m. between June 1 and Labor Day. 

The division for the violations assessed a civil penalty of $57,332 against restaurant owners John and Kathleen Santonastasso for the violations, the department stated. The Santonastassos told USA TODAY in a statement, "We take our role as a local employer very seriously, and we regret any scheduling issues that may have occurred at our restaurants. "Our biggest priority is always the safety and well-being of our employees, and we have since instituted a series of new and enhanced processes and procedures to ensure employees are scheduled appropriately," they added. 

A McDonald's spokesperson stated, "While franchisees make local decisions for their businesses, including around labor and employment practices, they must comply with all state and federal laws, and we expect them to uphold our values in everything they do. McDonald's and our franchisees do not take lightly the outsized impact we can deliver – and therefore the profound obligation we carry – when someone works at a McDonald's, particularly as their first job." 

Earlier this year, Subway, Burger King, and Popeyes restaurants in South Carolina were fined for similar violations of child labor laws. In April, two Zaxby's restaurants in Georgia were accused of violating child labor laws. A report by WSB-TV 2 claims that 15-year-old employees operated dangerous deep fryers without automatic controls at these two franchises. Federal investigators also found they allowed underage employees to work more hours than the state laws permitted. Some restaurants, including McDonald's, have cut operating hours across the country due to ongoing labor shortages, possibly accounting for minors working longer hours and later shifts after the COVID-19 outbreak.

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