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1:02 AM / Friday May 3, 2024

3 Feb 2024

L&I fines Wendy’s franchise owner $300,000 for child labor violations at 21 restaurants in Southeast Pennsylvania

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February 3, 2024 Category: Suburban News Posted by:

ABOVE PHOTO: Pa. Department of Labor & Industry Secretary Nancy A. Walker
(Photo/Pa. Dept. of L&I)

HARRISBURG – Pennsylvania Department of Labor & Industry (L&I) Secretary Nancy A. Walker has announced that L&I has fined the operator of 21 Wendy’s locations across Bucks, Montgomery and Chester counties $300,000 for violating the Pennsylvania Child Labor Act. L&I investigators cited GCWen Management (GCWen) for 766 violations of the Pennsylvania Child Labor Act in 2023, including failure to provide more than 80 child employees with breaks as required by law.

“L&I is dedicated to championing the rights of workers through enforcement of Pennsylvania’s labor laws. This commitment extends to vigorously protecting our children from unlawful employment practices,” Walker said. “Remember, they are not just workers — they’re our kids — and their safety and rights are paramount. No company should ever put profit over the wellbeing of Pennsylvania’s youth.”

Pennsylvania’s Child Labor Act, enforced by L&I’s Bureau of Labor Law Compliance (BLLC), protects the health, safety, and welfare of children employed in the Commonwealth by limiting employment in certain establishments and occupations, restricting the hours of work, regulating work conditions, and requiring work permits for children hired to fill certain positions.

The Child Labor Act allows for a maximum fine of up to $5,000 per violation. All fines collected from child labor law investigations are deposited to Pennsylvania’s General Fund.

Following a tip from L&I’s Bureau of Workers’ Compensation about minor injuries of children taking place at various Wendy’s locations, BLLC opened an investigation into all the GCWen franchise locations in Pennsylvania.

During the investigation, the following violations were identified:
432 violations of failure to provide breaks: The business did not provide breaks on or before the 5th hour of work – involving 81 children.
18 violations of not securing a work permit: Employed a child who did not have appropriate work papers for children hired to fill a position – involving 18 children.
98 violations of failure to announce employment or employment change to a school district:
Business failed to notify a child’s respective school within five days of hiring a child or failed to notify the respective school within five days of termination or resignation that a child left employment – involving 98 children.
10 violations of no parent authorization: The business employed a child under the age of 16 without parental authorization – involving 10 children.
208 violations of excessive hours worked – the business violated the number of hours a child can work a week – involving 34 children.

As part of the settlement agreement, GCWen management teams at all their Wendy’s locations are required to undergo training provided by BLLC on how to adhere to the Pennsylvania Child Labor Act.

How to submit a complaint
L&I’s Bureau of Labor Law Compliance responds to complaints filed by members of the public who suspect violations of the Child Labor Act, and other Pennsylvania labor laws. Anyone can file a complaint on L&I’s website using an online submission form at: www.dli.pa.gov/Individuals/Labor-Management-Relations/llc/Pages/Labor-Law-Compliance.aspx.
For more information on the Pennsylvania Department of Labor & Industry, please visit the website at: www.dli.pa.gov or follow L&I on Facebook, X, and LinkedIn.

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