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US Department of Labor warns Worcester licensees on wages, overtime, tipped pay and child-labor limits
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Summary
A Department of Labor outreach officer told Worcester licensees to follow federal and state wage rules: pay the higher applicable minimum wage, pay overtime when required, handle tipped-employee pay and observe child-labor hour and hazardous-occupation restrictions.
A U.S. Department of Labor representative told Worcester licensees that federal and state labor rules apply to hospitality businesses and urged operators to confirm pay practices, overtime calculations and child‑labor limits to avoid civil penalties and back-wage claims.
Tom Carroll of the Wage and Hour Division said employers must comply with whichever law — federal or state — is more protective of the employee. "Whatever benefits the employee most is what you have to go by," Carroll said. He noted Massachusetts' $15 minimum wage and explained that tipped-employee minimums differ by state and that overtime calculations must factor in the applicable base rate.
Carroll reviewed typical violations in restaurants: misclassification of salaried kitchen staff (which may still require overtime), unpaid overtime for employees working more than 40 hours in a week, and improper use of temp agencies that pay workers in cash. He described civil penalties and the possibility of liquidated damages doubling back-pay awards for willful violations.
On child labor, Carroll said 14‑ and 15‑year‑olds face strict hour and time restrictions during school weeks and that certain hazardous tasks (meat slicers, commercial mixers, and delivery driving) are off‑limits to minors. He urged employers to consult the DOL's child-labor guidance and to keep payroll and hour records for at least three years.
Ending: The federal representative offered contact information and pamphlets and advised licensees to call the Wage and Hour Division with questions before practices become enforcement cases.
