Company pays penalty for teen worker’s death

Published 8:08 pm Friday, September 20, 2019

OCHLOCKNEE — A Buena Vista-based mowing contractor has paid a civil penalty of more than $58,000 when a minor it employed drowned while clearing brush along the Ochlocknee River.

The U.S. Department of Labor’s Wage and Hour Division investigated the incident, in which the company, Rite-A-Way Mowers LLC, violated child labor laws in employing a 15-year-old to operate a power-driven weed cutter.

WHD’s investigation found the employer violated the Fair Labor Standards Act’s (FLSA) child labor requirements when it employed the teen to operate equipment prohibited for use by workers less than 16 years old. Regulations specifically prohibit employers from employing 14- and 15-year olds in occupations that involve operating any power-driven machinery, including weed-cutters. Investigators also determined that Rite-A-Way Mowers employed the minor to work outside of the restricted hours allowed for 14- and 15-year-old workers, and for more hours than allowed by law when school is in session. 

At the time of the incident, school was in session in the district the minor would have attended.

“This case offers a sobering and sad reminder of the importance of the child labor provisions of the Fair Labor Standards Act, and why the safety of young workers remains a priority for the U.S. Department of Labor’s Wage and Hour Division,” said Wage and Hour Division District Director Eric Williams, in Atlanta, Georgia. “Employers must fully understand their obligations to ensure minors work in a safe environment. We encourage those companies that employ minors to review child labor laws, and to contact us for further assistance. This tragic death underscores why compliance is not optional.”

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For more information about the FLSA, child labor, and other laws enforced by the WHD, contact the toll-free helpline at 866-4US-WAGE (487-9243). Employers who discover overtime or minimum wage violations may self-report and resolve those violations without litigation through the PAID program. Information is also available at https://www.dol.gov/whd.