A Nampa-based ice cream manufacturer and retailer faces $321,015 in civil money penalties assessed by the U.S. Department of Labor after investigations found four of its Idaho retail locations put the safety of dozens of children at risk by employing them to perform dangerous tasks and work later than the law allows.
Investigators with the department’s Wage and Hour Division determined that Stella’s Ice Cream locations in Boise, Caldwell, Eagle and Nampa employed children to operate industrial mixers, drive a delivery van and work during times forbidden by law. Specifically, the division found the employer regularly employed workers between the ages of 14 and 15 to work past 10:30 p.m.
“Learning new skills in the workforce is an important part of growing up, but we must protect children and ensure their first jobs are safe and do not interfere with their education or well-being,” said Wage and Hour Division District Director Katherine Walum in Portland, Oregon. “The Fair Labor Standards Act allows for work experiences but restricts the employment of young workers in certain jobs and provides for penalties when employers do not follow the law.”
Federal regulations forbid employers from employing 14- and 15-year-olds to work past 7 p.m., except between June 1 and Labor Day, when the evening hour is extended to 9 p.m. Workers between the ages of 14 and 15 may not work more than 18 hours weekly when school is in session.
During its investigation, the division also learned the company shared tips earned by tipped workers with managers and supervisors, in violation of federal regulations. The FLSA does not permit managers and supervisors to be included in a tip pool. This finding led to the recovery of $79,463 in back wages and liquidated damages for 208 affected workers.
In fiscal year 2024, the division found more than 4,000 children employed in violation of federal law nationwide, and assessed more than $15 million in child labor-related penalties, an 89 percent increase from the previous year.
The department’s YouthRules! initiative promotes positive and safe work experiences for teens by providing information about protections for young workers to youth, parents, employers and educators. Through this initiative, the department and its partners promote developmental work experiences that help prepare young workers to enter the workforce. The division has also published Seven Child Labor Best Practices for Employers to help employers comply with the law.