A North Liberty restaurant is among several in Iowa facing steep fines of $50,000 up to $180,000 from the federal government for following a new state law loosening work requirements for teens that conflicts with federal child labor regulations.
Iowa Gov. Kim Reynolds and Iowa Restaurant Association President and Chief Executive Officer Jessica Dunker were scheduled to hold a news conference Monday at Sugapeach Chicken & Fish Fry in North Liberty to discuss “excessive” federal fines against restaurants in the state, which she said included Sugapeach.
The news conference was canceled due to the ongoing flooding in Northwest Iowa, which Reynolds surveyed Monday instead. The governor’s office said it intends to reschedule the news conference, but a date had not yet been set.
Reached last Friday, Sugapeach owner Chad Simmons declined to speak with The Gazette ahead of the news conference. Simmons could not be reached for comment on Monday, when the restaurant is normally closed. A message left there was not returned.
Lawmakers last year loosened state regulations on teen workers, allowing them to work longer hours and at more jobs, including those formerly off-limits as being hazardous so long as they are part of a state-approved educational or apprenticeship program with proper supervision and safety precautions. It also allows 16- and 17-year-olds to serve alcohol with parental permission and adult supervision after training.
The Iowa Restaurant Association heralded it as a “legislative win” for its members. Now, it's warning members to revert to following the stricter federal regulations for workers under 16 as federal regulators have levied hefty fines on establishments.
The Iowa law says 14- and 15-year-olds can work up to six hours on a school day, two more than previously allowed, and can work until 9 p.m. during the school year and until 11 p.m. during the summer. Federal law, though, specifies they can work only until 7 p.m. during the school year and until 9 p.m. during the summer.
Federal law also states that 14- and 15-year-olds cannot work more than eight hours a day, and no more than three hours on a school day. They cannot work more than 40 hours a week during the summer and no more than 18 hours per week while in school.
Supporters have said the bill provides more opportunities for young Iowans who want to work and could help address the state’s shortage of workers.
Democrats, labor unions and others criticized the bill for conflicting with federal law, putting young Iowans at risk in dangerous jobs and creating confusing, contradictory rules for Iowa businesses to follow.
ADVERTISING
Federal labor officials as well warned employers covered by the Fair Labor Standards Act who follow the less-restrictive Iowa law that they would be subject to penalties.
The Iowa Division of Labor website notes that most employers are subject to both state and federal child labor laws and, when there are differences, must follow the law that gives the most protection to workers.
In March, the U.S. Department of Labor’s Solicitor of Labor Seema Nanda warned that “the department has and will continue to vigorously enforce child labor protections across the nation."
The federal labor department also sent letters in May and August 2023 in response to inquiries by Iowa Democratic state legislators warning that when state and federal labor laws conflict, federal law must be followed.
Dunker asserted that the U.S. Department of Labor is being heavy handed and singling out Iowa, noting it is one of 21 states — including Illinois and Minnesota — with employment laws related to minors that don’t comply with federal law.
“Iowa appears to be the only state where this level of financial punitive enforcement is being taken in regard to hours worked,” she said.
Dunker said the restaurant association is working with seven Iowa restaurants facing fines of $50,000 up to $180,000 for violating federal child labor laws, primary concerning hours worked by 14- and 15-year-olds.
She declined to name the other restaurants that had been inspected and fined, citing what she said is owners’ fear of retribution and their attempts to negotiate settlements and have their fines reconsidered. The U.S. Department of Labor did not immediately respond to a request for a list of establishments fined.
“Never before have we seen fines of this nature related to teenagers working until 9 p.m.,” Dunker said. “ … For some of them, it’s the end. There’s no coming back from that.”
Others, she said, are trying to negotiate a payment plan.
“For all of them, it means ending the employment of most 14- and 15-year-olds,” Dunker said. Restaurants “give 1 in 3 Iowans their first job, and we’re one of the few industries where 14- and 15-year-olds can find jobs. They do a great job. They’re valued employees.
“ … But the question that's at hand for us as an industry in the state of Iowa is that there is punitive enforcement to the point of being put out of business, not related to dangerous or exploitative work environments or situations, but for high school students doing the same job at 8:30 at night that they're doing at 6:30 at night. They're scooping the same ice cream. … They're making the same sandwiches at 8:30 (p.m.) that they're doing at 6:30 (p.m.)”
Dunker noted Iowa youth are permitted to participate in athletics and other extracurricular activities that go well beyond the hours they are permitted to work.
The Labor Department denies singling out Iowa, and says it dealing with violations nationwide. So far this year, the Department of Labor says it has found child labor violations in 16 states, with ongoing investigations in several other states.
Last fiscal year, the department concluded 955 investigations, identifying child labor violations affecting nearly 5,800 children across the country. Penalties assessed exceeded $8 million.
The Labor Department not typically does not disclose the reason for an investigation. Many are initiated by complaints. All complaints are confidential, the department says.
Labor officials noted the restaurant industry has a high rate of violations and often employs vulnerable workers who may not be aware of their rights or employment rules, such as the right to overtime and child labor restrictions.
Federal labor officials also pointed out that in 2023, the agency conducted more than 1,700 child labor outreach and education events to help employers understand how to maintain compliance with federal law. The agency also has several online fact sheets, FAQs and videos to help employers, workers and their parents.
“It’s dangerous and irresponsible that amidst a rise in child labor exploitation in this country, Iowa’s governor and state legislature have chosen to repeatedly undermine federal child labor protections despite the Labor Department’s clear guidance,” a U.S. Department of Labor spokesperson said in a statement.
“No child should be working long hours, doing dangerous work, or be employed in unsafe conditions,” the statement continues. “The U.S. Department of Labor is working every day to ensure that children seeking their first work experiences are doing so in a safe and responsible way. But under our watch, that will not include allowing children to be exploited.”
www.thegazette.com
Iowa Gov. Kim Reynolds and Iowa Restaurant Association President and Chief Executive Officer Jessica Dunker were scheduled to hold a news conference Monday at Sugapeach Chicken & Fish Fry in North Liberty to discuss “excessive” federal fines against restaurants in the state, which she said included Sugapeach.
The news conference was canceled due to the ongoing flooding in Northwest Iowa, which Reynolds surveyed Monday instead. The governor’s office said it intends to reschedule the news conference, but a date had not yet been set.
Reached last Friday, Sugapeach owner Chad Simmons declined to speak with The Gazette ahead of the news conference. Simmons could not be reached for comment on Monday, when the restaurant is normally closed. A message left there was not returned.
Lawmakers last year loosened state regulations on teen workers, allowing them to work longer hours and at more jobs, including those formerly off-limits as being hazardous so long as they are part of a state-approved educational or apprenticeship program with proper supervision and safety precautions. It also allows 16- and 17-year-olds to serve alcohol with parental permission and adult supervision after training.
The Iowa Restaurant Association heralded it as a “legislative win” for its members. Now, it's warning members to revert to following the stricter federal regulations for workers under 16 as federal regulators have levied hefty fines on establishments.
What the law does
The Iowa law says 14- and 15-year-olds can work up to six hours on a school day, two more than previously allowed, and can work until 9 p.m. during the school year and until 11 p.m. during the summer. Federal law, though, specifies they can work only until 7 p.m. during the school year and until 9 p.m. during the summer.
Federal law also states that 14- and 15-year-olds cannot work more than eight hours a day, and no more than three hours on a school day. They cannot work more than 40 hours a week during the summer and no more than 18 hours per week while in school.
Supporters have said the bill provides more opportunities for young Iowans who want to work and could help address the state’s shortage of workers.
Democrats, labor unions and others criticized the bill for conflicting with federal law, putting young Iowans at risk in dangerous jobs and creating confusing, contradictory rules for Iowa businesses to follow.
ADVERTISING
Federal labor officials as well warned employers covered by the Fair Labor Standards Act who follow the less-restrictive Iowa law that they would be subject to penalties.
The Iowa Division of Labor website notes that most employers are subject to both state and federal child labor laws and, when there are differences, must follow the law that gives the most protection to workers.
In March, the U.S. Department of Labor’s Solicitor of Labor Seema Nanda warned that “the department has and will continue to vigorously enforce child labor protections across the nation."
The federal labor department also sent letters in May and August 2023 in response to inquiries by Iowa Democratic state legislators warning that when state and federal labor laws conflict, federal law must be followed.
Association: Iowa restaurants singled out
Dunker asserted that the U.S. Department of Labor is being heavy handed and singling out Iowa, noting it is one of 21 states — including Illinois and Minnesota — with employment laws related to minors that don’t comply with federal law.
“Iowa appears to be the only state where this level of financial punitive enforcement is being taken in regard to hours worked,” she said.
Dunker said the restaurant association is working with seven Iowa restaurants facing fines of $50,000 up to $180,000 for violating federal child labor laws, primary concerning hours worked by 14- and 15-year-olds.
She declined to name the other restaurants that had been inspected and fined, citing what she said is owners’ fear of retribution and their attempts to negotiate settlements and have their fines reconsidered. The U.S. Department of Labor did not immediately respond to a request for a list of establishments fined.
“Never before have we seen fines of this nature related to teenagers working until 9 p.m.,” Dunker said. “ … For some of them, it’s the end. There’s no coming back from that.”
Others, she said, are trying to negotiate a payment plan.
“For all of them, it means ending the employment of most 14- and 15-year-olds,” Dunker said. Restaurants “give 1 in 3 Iowans their first job, and we’re one of the few industries where 14- and 15-year-olds can find jobs. They do a great job. They’re valued employees.
“ … But the question that's at hand for us as an industry in the state of Iowa is that there is punitive enforcement to the point of being put out of business, not related to dangerous or exploitative work environments or situations, but for high school students doing the same job at 8:30 at night that they're doing at 6:30 at night. They're scooping the same ice cream. … They're making the same sandwiches at 8:30 (p.m.) that they're doing at 6:30 (p.m.)”
Dunker noted Iowa youth are permitted to participate in athletics and other extracurricular activities that go well beyond the hours they are permitted to work.
Feds: Child labor enforcement not unique to Iowa
The Labor Department denies singling out Iowa, and says it dealing with violations nationwide. So far this year, the Department of Labor says it has found child labor violations in 16 states, with ongoing investigations in several other states.
Last fiscal year, the department concluded 955 investigations, identifying child labor violations affecting nearly 5,800 children across the country. Penalties assessed exceeded $8 million.
The Labor Department not typically does not disclose the reason for an investigation. Many are initiated by complaints. All complaints are confidential, the department says.
Labor officials noted the restaurant industry has a high rate of violations and often employs vulnerable workers who may not be aware of their rights or employment rules, such as the right to overtime and child labor restrictions.
Federal labor officials also pointed out that in 2023, the agency conducted more than 1,700 child labor outreach and education events to help employers understand how to maintain compliance with federal law. The agency also has several online fact sheets, FAQs and videos to help employers, workers and their parents.
“It’s dangerous and irresponsible that amidst a rise in child labor exploitation in this country, Iowa’s governor and state legislature have chosen to repeatedly undermine federal child labor protections despite the Labor Department’s clear guidance,” a U.S. Department of Labor spokesperson said in a statement.
“No child should be working long hours, doing dangerous work, or be employed in unsafe conditions,” the statement continues. “The U.S. Department of Labor is working every day to ensure that children seeking their first work experiences are doing so in a safe and responsible way. But under our watch, that will not include allowing children to be exploited.”
Iowa Restaurant Association decries ‘excessive fines’ of child labor violations
The Iowa Restaurant Association heralded it as a “legislative win” for its members when lawmakers relaxed rules on youth employment. Now, it's warning members to revert to following the stricter federal regulations for workers under 16.
www.thegazette.com
