Feds fine McDonald’s franchisees in 4 states that used underage workers as young as 10

LEXINGTON, KY. -- Two 10-year-olds were found working at McDonald’s, where they prepared and served meals, worked the drive-thru and the cash register and cleaned the store, according to federal labor officials.

The children would occasionally work as late as 2 a.m. and were never paid at a McDonald’s restaurant in Louisville, Kentucky, according to the U.S. Department of Labor.

The restaurant let one of the 10-year-olds use a deep fryer, a task workers under the age of 16 aren’t allowed to do under federal law as it’s considered dangerous equipment, labor officials said.

“It’s prohibited for a 10-year-old to be working at a McDonald’s franchise,” Juan Coria, the department’s Wage and Hour Division regional administrator for the Southeast, told McClatchy News in an interview on May 2.

The children are two of 305 minors under the age of 16 who the agency’s Wage and Hour Division investigators learned were working illegally at McDonald’s restaurants in Kentucky, Indiana, Maryland and Ohio, the Department of Labor announced in a May 2 news release.

The 62 McDonald’s restaurants are run by three franchisees: Bauer Food LLC, Archways Richwood LLC and Bell Restaurant Group I LLC, according to officials.

To address the child labor violations, they were ordered to pay $212,754 in fines, officials said.

McClatchy News reached out to Archways Richwood LLC on May 2 and didn’t immediately receive a response. McClatchy News was unable to immediately find contact information for Bell Restaurant Group on May 2.

“Too often, employers fail to follow the child labor laws that protect young workers,” Wage and Hour Division District Director Karen Garnett-Civils in Louisville, Kentucky, said in a statement. “Under no circumstances should there ever be a 10-year-old child working in a fast-food kitchen around hot grills, ovens and deep fryers.”

A spokesperson for Bauer Food told McClatchy News in a statement on May 2 that “the two 10-year-olds allegedly employed were children of a night manager who were visiting their parent at work and were not approved by franchisee organization management to be in that part of the restaurant.”

The hundreds of young workers worked hours longer than allowed under federal law and some employees weren’t paid overtime, according to the department.

Bauer Food, based in Louisville, had 24 individuals younger than 16, including the two 10-year-olds, illegally work long hours daily or weekly at their McDonald’s restaurants, according to the Department of Labor.

The child labor violations involving the 10-year-olds date back to August 2022, according to Coria. One of the 10-year-olds worked 10 shifts between two and four hours per night. The other child worked during a similar timeframe, he said.

“We typically do not encounter 10-year-olds at a restaurant,” Coria said.

He added that they should’ve been in school instead of working.

While there are special exceptions for children of any age working at a business entirely owned by their parents, the minimum age for employment is 14, Coria said.

In regards to one child who officials say used a deep fryer, Coria said this wouldn’t be allowed for 14 and 15-year-olds, “let alone a 10-year-old.”

Workers 16 and 17 years old are allowed to work unlimited hours in a job not deemed hazardous by the Secretary of Labor, the agency says. Federal child labor laws no longer apply when individuals turn 18.

As a result of the Wage and Hour Division’s investigation, Bauer Food was ordered to pay $39,711, officials said.

The Bauer Food spokesperson said “any ‘work’ was done at the direction of - and in the presence of - the parent without authorization by franchisee organization management or leadership.”

“We have since taken steps to ensure our policy regarding children visiting a parent/guardian at work is clear to all employees.”

Meanwhile, Archways Richwood, based in Walton, Kentucky, about 80 miles northeast of Louisville, had 242 14 and 15-year-old workers working either too early or too late in the day, according to officials.

The franchisee illegally had some teens working over three hours in a school day, officials said.

Archways Richwood was ordered to pay $143,566 in penalties as a result, according to the Labor Department.

Bell Restaurant Group, based in Louisville with additional McDonald’s restaurants in Maryland, Indiana and Kentucky, also had 14- and 15-year-olds working too early or too late and longer than allowed under law, officials said.

Fifty-eight workers weren’t paid overtime wages, according to the Labor Department. As a result, Bell Restaurant Group was ordered to pay $14,730 in back wages and liquidated damages for the workers.

It’s important for parents, legal guardians, employers and school officials to be aware of the law’s restrictions for young workers, according to Coria.

“I tell my friends who have kids that are in the workforce, ‘you’re responsible for being aware of what your child can do or can’t do too,’” Coria said.

“We want these young workers’ first work experience to be a positive experience,” he added.

Coria said the Department of Labor has seen an uptick of young workers joining the workforce. More young workers are expected to begin work in May and June as summer vacation begins.

Additional information for young employees, parents, educators and employers can be found here.