Beasley, Allen, Crow, Methvin, Portis & Miles, P.C.

The U.S. Department of Labor’s Wage and hour Division has ordered a Suwanee, Georgia-based demolition company to pay a steep penalty for violating child labor laws after a teenage employee died on the work site. The teenager, an employee of Demon Demo Inc., was working on a demolition site at Macy’s in the Gwinnett Place Mall when he fell from the third story of the building. The boy had been tossing debris off the building when he fell.

The fine was the first one issued by the Wage and Hour Division under the Genetic Information Nondiscrimination Act of 2008 – a statute that raised the penalty to $50,000 for each violation of child labor laws resulting in death or injury. Subsequent violations of the same laws result in maximum fines of $100,000.

The demolition company must also pay more than $3,000 for failing to keep accurate records, which investigators believe may have contributed to the accident. Additionally, the Occupational Safety and Health Administration cited the company nearly $24,000 in penalties for seven safety violations at the work site where Luis Montoya, 15, was killed.

Secretary of Labor Hilda Solis, herself a longtime crusader for workers’ rights said “the federal rules governing the employment of minors are clear, and the consequences for failing to comply are serious.”

“Young workers must be employed safely and legally,” she said.

The Wage and Hour Division lists on its web site industries that it deems too unsafe for workers younger than 18. “Occupations involved in wrecking, demolition, and shipbreaking operations” are among those trades listed as unfit for minors.

The Wage and Hour Division’s investigation of the company also uncovered extensive violations of FLSA overtime pay regulations. The agency cited Demon Demo on violations involving 126 workers and ordered it to pay $108,869 in back wages.

The Atlanta Journal Constitution suggested that Montoya’s family may seek legal action against the demolition company. “They don’t feel fully vindicated,” the family’s attorney told the AJC. “This is a company that received a $50,000 fine, yet this is the third time this company has been in violation.”

This entry was posted on Wednesday, May 6th, 2009 at 10:25 am and is filed under News. You can follow any responses to this entry through the RSS 2.0 feed. You can leave a response, or trackback from your own site.