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.”

SOURCE: Fair Labor Standards Act › Teenager’s death leads to multiple FLSA and OSHA fines for Georgia company

Buffalo Rock is one of the country’s largest privately owned Pepsi-Cola bottlers with 14 distribution centers in Alabama, Florida, and Georgia. Its distribution area covers a population of 6.5 million.

Employees represented by the suit contend that Buffalo Rock violated the Fair Labor Standards Act when it failed to pay them and others in the company for work performed over the regular 40 hour work week.

“Buffalo Rock knowingly, intentionally and willfully violated the Fair Labor Standards Act by failing to pay plaintiffs and all similarly situated employees the overtime compensation to which defendant Buffalo Rock knew they were entitled,” the lawsuit says.

Buffalo Rock maintains that the FLSA’s overtime clause doesn’t apply to the overtime hours clocked by the workers represented by the lawsuit.

Provisions for overtime pay are a common basis for many lawsuits citing FLSA violations. FLSA regulations exempt certain workers, such as executive, administrative, professional and outside sales employees, from overtime. However, according to the Department of Labor, “employees generally must meet certain tests regarding their job duties and be paid on a salary basis at not less than $455 per week.” Misclassification of employees, unclear employment agreements, or simple misunderstanding of the law are common violations of FLSA provisions.

SOURCE: Fair Labor Standards Act › class action filed against Alabama company for FLSA overtime violations