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Clothing Retailer Pays $84K in Back Wages, Penalties Over Child Labor Violations

After an investigation by the U.S. Department of Labor’s Wage and Hour Division (WHD), Leggings Live, operating as Legg-A-Licious, has paid a combined $84,048 in back wages, liquidated damages and penalties to resolve violations of the Fair Labor Standards Act (FLSA) at the company’s facility in Spanish Fork, Utah.

WHD investigators found the employer violated overtime, minimum wage, recordkeeping, child labor and anti-retaliation provisions in the FLSA. The agency said it found Leggings Live violated child labor requirements by employing minors under the required minimum age of 14. The investigation also found the employer terminated one worker’s employment after the person reported the illegal employment of minors to WHD.

In addition, WHD found violations resulting from Leggings Live’s employment of these minors to work more hours than the law allows and to work in jobs involving activities prohibited by law for workers less than 18 years of age. Specifically, Leggings Live employed minors to load and unload merchandise from motor vehicles to stock the employer’s warehouse.

The company also violated FLSA minimum wage requirements when it failed to pay for all the hours one employee worked during one work week. The overtime violations resulted from the firm’s practice of paying employees straight time without regard to the number of hours they worked. The investigation found that back wages were owed to five employees who worked more than 40 hours in some work weeks without being paid overtime.

“Employment standards for minors ensure that they gain a positive work experience that does not interfere with their education, health and well-being,” WHD district director Kevin Hunt said. “Child labor violations can be avoided when employers understand the rules. In addition, employees should not have to fear retaliation when they exercise their rights under the law. The Wage and Hour Division will continue to use all available resources to enforce worker protections.”

Leggings Live paid a total of $42,560 in back wages and liquidated damages to six employees, which included $33,664 to the employee terminated in retaliation for reporting the child labor violations. In addition, the employer paid $41,488 in civil money penalties for violating FLSA child labor provisions.