Children as young as ten are among a record number of minors working illegally in fast-food restaurants, with some of America’s biggest brands among the worst offenders, according to reports.
US bosses were discovered with nearly 6,000 children on their books last year, compared to just over 1,000 in 2015, despite a drop in the number of inspectors, according to Labor Department statistics.
Fast-food restaurants were among the biggest culprits, sometimes employing school-age children late at night in defiance of federal laws designed in the 1930s to protect their education.
In one case, a McDonalds franchise in Kentucky was found with two 10-year-olds in the kitchen at 2 a.m., with the company having committed a total of 2,300 violations since 2013. In the Louisville case, despite the fine, officials claimed they were the children of a night manager and their work was not approved by franchise management.
“These are serious violations of the law,” former Labor Department official and professor David Weil told the newspaper WashingtonPost.
“These laws are not just arbitrary. They are built around the fact that as a society we want children to be educated first and foremost so that they can live a life where they have the skills and education to have a good job.”
Fast food restaurants are responsible for more than three-quarters of child labor law violations
Tyler Karpinsky (above) saw his schoolwork deteriorate after taking a job as a 15-year-old at a Coughlin branch of McDonalds in Rutland, Vermont, where he had to work longer than three hours on school nights
McDonald’s officials told the Post that the child labor violations do not reflect the experience of most teens who work in “age-appropriate positions and seek meaningful employment in their local communities.”
Federal law prohibits 14- and 15-year-olds from working more than three hours after 7 p.m. and on school nights.
Violations of these laws accounted for nearly three-quarters of federal cases at food stores between 2020 and the end of September.
But older teens have far fewer protections and some face an impossible struggle to balance their jobs with their school studies.
In California, youth under the age of 18 are not allowed to work more than four hours on a school night or after 10 p.m.
But Sebastian Marek, 17, claims he worked six hours a day on school nights at McDonalds in East Los Angeles, ultimately missing 26 days of school and being late another 70 times.
“When I told the manager I wanted to work less because I needed more time to sleep and study, she told me it was my fault for not keeping up with school and work,” he said.
McDonald’s officials have not yet responded to Marek’s allegations. DailyMail.com has contacted the company for comment.
Matthew Tulahorn, owner of the East LA franchise, said any allegations of illegal child labor were “baseless.”
“We take our responsibility as a local employer in the East LA community seriously,” he added, according to the Post. ‘We believe it is important that all our employees have a safe and respectful working environment.’
Nayely Hernandez, who worked at the same franchise as a 17-year-old, finished school a semester late after being contracted to work eight hours a day on three school days ending at 11:30 PM on a school night.
“At one point I started falling behind in class because I only had five hours to sleep,” she said.
“It kind of makes me think that because this was my first job, every job is like that.”
Sebastian Marek, after graduating from high school last year, worked six hours a day on school nights at McDonalds in East Los Angeles
Fast food restaurants have found themselves at the sharp end of the labor market crunch since the pandemic
The Post’s analysis found McDonalds was the biggest offender nationally, with 15 violations per 100 outlets since 2020.
Last May, two 10-year-olds were found working without pay at a Louisville McDonald’s restaurant run by Bauer Food in the middle of the night, with one of the two operating a deep fryer.
A spokesperson for Bauer Food said the 10-year-olds were the children of a night manager and that their work had not been approved by the franchisee’s management or leadership, but the company was fined a total of $39,711.
McDonald’s said the number of violations is small compared to its 14,000 U.S. stores and 800,000 employees.
A near-record labor shortage is behind the increase in violations, experts believe, inspired in part by the “great resignation” of the pandemic era.
Despite the increase, 19 states are considering bills to relax child labor laws. Florida is considering a bill that would eliminate all restrictions on 16- and 17-year-olds, allowing them to work nights on school days.
In May, Iowa extended the last period that 14- and 15-year-olds can work on a school night from 7 p.m. to 9 p.m., while allowing 14-year-olds to work in industrial laundries, roofers and demolition jobs.
The problem extends far beyond the fast food industry: The Department of Labor found 688 children working in dangerous conditions in 2022, a 26 percent increase from the previous year.
Reid Maki, director of child labor at the National Consumers League, said there is a “whole iceberg beneath” the Labor Department figures, with as many as 300,000 children working in agriculture, often “grueling” 80-hour weeks, while breathing in of pesticides.
“The number of unaccompanied minors crossing the border is a major concern,” she told the Post.
‘We are afraid that the boys will end up on the farm. Many girls do too, but they are also vulnerable when they come into contact with sex work.’
Jessica Looman of the Labor Department conceded that the agency’s enforcement data “does not provide a comprehensive picture of national child labor conditions and practices at any point in time,” and that the actual number of violations could be significantly higher.
Analysts warned that the franchise model used by much of the fast-food industry encourages child labor, with franchisees facing high licensing fees.
Coughlin Inc., which operates many McDonald’s franchises in New England, paid $109,000 in 2022 for violations at nine stores in New Hampshire and Vermont.
More than 140 youth under the age of 16 were allowed to work illegally, and two were burned with manually operated fryers and ovens.
Tyler Karpinsky claims he saw his schoolwork deteriorate after he, as a 15-year-old, took a job at a Coughlin branch of McDonalds in Rutland, Vermont, where he had to work longer than three hours on school nights.
“I thought it was normal,” he said.
“But I was afraid I wouldn’t have a high enough GPA by the time I graduated.”
The 176 locations of Slim Chickens fast food had the highest rate of child labor violations. according to the Post. One facility in Colorado was cited 30 times for illegally employing 14- and 15-year-olds.
But Starbucks, which owns or licenses all 16,000 U.S. stores that make it the nation’s second-largest fast-food chain, has not been sued for child labor since 2013.
“The franchise model is a major factor in child labor violations because it encourages a race to the bottom when it comes to labor standards,” said Nina Mast of the Economic Policy Institute.
McDonald’s said the numbers are small compared to its 14,000 U.S. stores and 800,000 employees.
It says its outlets receive ample advice “to help franchisees ensure compliance with minor labor laws and provide enriching work experiences to young people who seek them.”
Nineteen states plan to roll back current protections, while Florida is considering a bill that would eliminate all restrictions on 16- and 17-year-olds allowing them to work nights on school days
Slim Chickens said it had reviewed its recruitment practices and stressed that ‘we take these matters to heart’.
Coughlin, which also reached a $1.6 million settlement in 2022 over alleged sexual harassment at its Randolph, Vermont, facility, said it has implemented employment audits and retrained supervisors on child labor issues.
Michael Layman of the International Franchise Association said his group is working closely with the Labor Department on “compliance and education.”
“Industries from pet services to printing use the franchise model, and these companies work every day to provide meaningful employment opportunities to develop job skills within the boundaries of the law,” he emphasized.
Dailymail.com has contacted McDonald’s for comment.