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SLIM CHICKENS’ FRANCHISEE FAILED TO CORRECT ILLEGAL CHILD LABOR PRACTICES IN
AVON, MONTHS AFTER KNOWING OF SAME VIOLATIONS AT STREETSBORO LOCATION

United States Department of Labor sent this bulletin at 02/15/2023 07:00 PM EST


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Slim Chickens’ franchisee failed to correct illegal child labor practices in
Avon, months after knowing of same violations at Streetsboro location
02/14/2023 07:00 PM EST

AVON, OH – Despite being warned in September 2021 that the hours worked by 14-
and 15-year-old employees at its Slim Chickens’ franchise in Streetsboro
violated federal law, the owner continued the illegal practices for several
months at a second location in Avon, the U.S. Department of Labor has found. An
investigation by the department’s Wage and Hour Division found Ohio Slims LLC
and David Giesen – owner of the Avon and Streetsboro restaurants – assigned 15
minors to consistently work hours at the Avon location that violated child labor
provisions in the Fair Labor Standards Act. In 2021, the division identified
similar violations at the Streetsboro location. Specifically, investigators
found – on more than 330 occasions – the employer allowed minors to work later
than 7 p.m. during the school year or after 9 p.m. between June 1st and Labor
Day. They also learned that, in more than 150 instances, minors under 16 worked
more than 3 hours on a school day. Sometimes, the employer assigned minors to
work more than 8 hours on a day when school was not in session and more than 18
hours total during a school week, all in violation of federal regulations.   The
division assessed Slim Chickens with $15,504 in civil money penalties for the
violations. The employer has paid the penalties and agreed to comply with
federal child labor laws immediately. “The restaurants’ operator blamed the
child labor violations on managers confused by differences in federal and state
wage laws, but our investigators found the employer committed the same
violations after being informed of their requirement to comply with federal
law,” explained Wage and Hour District Director Matthew Utley in Columbus, Ohio.
Under state law, 14- and 15-year-old employees in Ohio may work until 9 p.m.
during school breaks of five days or more. Federal law prohibits 14- and
15-year-old employees from working after 7 p.m., from Labor Day through June 1,
and does not have an exemption for school breaks. From June 1 through Labor Day,
federal law allows 14- and 15-year-olds to work until 9 p.m. The Department of
Labor’s position is that employers must follow the more stringent law if state
law differs from federal law. The Wage and Hour Division offers fact sheets for
employers on FLSA compliance. “When state and/or local laws differ from federal
law, the regulation that best protects the employee should be followed,” Utley
continued. “For example, in Ohio, employers are required to pay the state
minimum wage of $10.10 per hour even though the federal hourly minimum wage is
$7.25. By paying the higher wage of $10.10 the employer maintains compliance
with both state and federal requirements. Employers subject to the federal Fair
Labor Standards Act should use this case as a reminder of how to proceed when
they find state regulation to be different.” Giesen owns and operates three
companies – Giesen Management Associates of Centennial, Colorado, D & J Giesen
and Ohio Slim LCC – as one unified enterprise. In addition to the Slim Chickens’
locations in Avon and Streetsboro, the companies also operate seven Freddy’s
Frozen Custard and Steakburgers locations in Akron, Dover, North Canton and
Zanesville, Ohio; and in Montrose and Grand Junction, Colorado. In 2022, the
Bureau of Labor Statistics reported that workers aged 16-19 years old comprised
nearly 11 per cent of the nation’s workforce. From fiscal year 2017-2021, the
department identified child labor violations in more than 4,000 cases, finding
more than 13,000 minor-aged workers employed in violation. To assist employers
and inform young workers and their parents, the division recently published
“Seven Child Labor Best Practices for Employers.” For more information about the
FLSA and other laws enforced by the Wage and Hour Division, contact the
division’s toll-free helpline at 866-4US-WAGE (487-9243). Learn more about the
Wage and Hour Division, including a search tool to use if you think you may be
owed back wages collected by the division. Download the agency’s new Timesheet
App for Android devices, free and also available in Spanish, to ensure hours and
pay are accurate.

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