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A South Carolina Arby's franchisee was found to be in violation of child labor regulations in the Fair Labor Standards Act. | press.arbys.com/

Benefiel: Employers must 'comply with child labor laws concerning hours and hazardous occupations'

A South Carolina Arby's franchisee was found to be in violation of child labor regulations in the Fair Labor Standards Act.

Newberry Restaurant Group, which operates 14 Arby's locations in South Carolina, reportedly allowed 65 minor-aged employees to work beyond the federally permitted work hours, according to a Jan. 3 news release. The U.S. Department of Labor issued $47,710 in penalties at the Columbia, Greenville, Irmo, Laurens, Newberry, Orangeburg, Piedmont, Seneca and Walhala.

"Restaurant employers who employ minor-aged workers must understand and comply with child labor laws concerning hours and hazardous occupations," Wage and Hour Division District Director Jamie Benefiel said in the release. "The kinds of violations found in these investigations – and the penalties associated with them – could have been avoided. We encourage employers to review child labor laws and contact the Wage and Hour Division if they have questions."

DOL's investigation began with the franchise in Laurens, S.C., and expanded to the franchise's restaurants in other cities, the release reported. The franchise allegedly allowed  14- and 15-year-old employees to work longer than three hours on school days, past 7 p.m. on school nights and past 9 p.m. after Labor Day.

The child labor violations wasn't unique to the South Carolina Arby's franchise in recent years, according to the news release. The investigation was part of DOL's ongoing cross-regional food services initiative in the Southeast, which found child labor violations by more than 190 food service employers in fiscal years 2020 and 2021. More than $1 million in penalties has been assessed against employers over those violations.

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