Whether you’re selling alcohol or hiring painters, you need to check IDs.
A recent bust in Brook Park, Ohio, offers the latest evidence that regulators aren’t playing around when it comes to enforcing laws against underage workers.
A painting company and owner were hit with a $30,276 penalty for child labor violations, which probably wipes out any profit they made from the job where they violated the statute.
It seems like a relatively easy mistake to make. The company ran afoul of the Fair Labor Standards Act’s child labor provisions when it hired two 17-year-old minors to paint homes during the summers of 2021 and 2022.
You’ll remember how difficult it was to hire qualified workers during that period, so it’s understandable why a company would be looking anywhere they could for labor.
The issue arose when the 17-year-olds were assigned to stand on clients’ roofs during the painting of multi-story homes.
Hazardous Order 16 forbids minors from most jobs in roofing operations, including work performed on top of a roof, even if they’re not working on the roof itself.
The Brooke Park company – which provides painting, staining, aluminum siding refinishing, and gutter cleaning services – also failed to maintain accurate payroll records, according to U.S. Department of Labor Wage and Hour Division investigators.
“Employers must be acutely aware of the restrictions that apply to any workers under the age of 18,” said Wage and Hour Director Matthew Utley. “Work that involves children on roofs is inherently dangerous. Employers who violate federal child labor laws jeopardize the lives and health of children and risk large fines and penalties.”
The cost of potential violations has recently gone up as well. As of January 2024, employers can now be assessed fines of up to $15,629 for each child labor violation.
That follows the February 2023 creation of an interagency task to combat child labor exploitation. There is a particular emphasis placed on migrant children who are crossing the border, eager for work, and more easily exploited due to their immigration status.
“Every child in this country, regardless of their circumstances, deserves protection and care as we would expect from our own child,” said Department of Health and Human Services Xavier Becerra, the first Latino to hold that office.The agency is wasting no time in going after violators. In 2023, there were 955 cases with more than $8 million in penalties, according to the press release.
Don’t think you’re off the hook if your subcontractor makes the mistake. According to U.S. Secretary of Labor Marty Walsh, you would still be responsible and subject to fines.
“Too often, companies look the other way and claim that their staffing agency or their subcontractor or supplier is responsible,” Walsh says. “Everyone has a responsibility here.”
All of this means there is a real and present danger to your bottom line. Checking IDs on the job site – especially from subcontractors who look young – may be the best way to protect yourself.