Seven Hawaiian Falls’ water parks pay nearly $86K in penalties for child labor violations following US Labor Department investigations

DALLAS – Seven investigations by the U.S. Department of Labor’s Wage and Hour Division found underage workers using dangerous equipment and working outside of permitted work hours at Hawaiian Falls’ Water and Adventure parks in Garland, Mansfield, Roanoke, Pflugerville, The Colony, White Settlement and Waco.

Investigators found the employer violated the child labor provisions of the Fair Labor Standards Act by allowing employees under the age of 18 to operate equipment prohibited for use by minors, including a chain saw and a motorized utility vehicle/golf cart. The investigation also found that workers under the age of 16 had operated prohibited equipment including gas-powered pressure washers, open-flame grills, automatic rotisseries, and pizza ovens, and had worked in walk-in freezers. In addition, the agency found dozens of workers under the age of 16 had worked outside of the hours allowed by law for that age group.

After the investigation, the employer paid $85,904 in civil money penalties for the federal child labor violations at the following locations:

• Harvest Family Entertainment LLC
  Garland
• Mansfield Family Entertainment  LLC
  Mansfield
• Roanoke Family Entertainment LLC
  Roanoke
• Hawaiian Parks-Pflugerville LLC
  Pflugerville
• Harvest Family Entertainment, LLC
  The Colony
• Harvest Family Entertainment  LLC
  White Settlement
• Waco Family Entertainment LLC
  Waco

“Keeping our youngest workers safe on the job is one of the department’s top priorities,” said Betty Campbell, regional administrator for the Southwest Wage and Hour Division. “This employer put the health and well-being of children at risk by employing them to perform prohibited and hazardous jobs, and for scheduling them outside of the hours allowed by law. The penalties imposed against the employer are indicative of the Wage and Hour Division’s effort to hold violators accountable for breaking the law. We all want young workers to develop the skills and experience necessary to compete in the marketplace, but safety must never be sacrificed in the process."

Hawaiian Falls operates six water parks and one adventure park in North, Central and South Texas. The company opened its first water park in 2003.

The FLSA’s child labor provisions protect young workers by limiting the types of jobs and the number of hours they may work. Children under 14 years of age may not be employed in non-agricultural occupations covered by the FLSA. Individuals 14 and 15 years of age may be employed outside of school hours in a variety of non-manufacturing and non-hazardous jobs for limited periods of time and under specified conditions. Sixteen- and 17-year-olds may be employed for unlimited hours in any occupation other than those declared hazardous by the secretary of labor.

The FLSA requires that covered, nonexempt employees be paid at least the federal minimum wage of $7.25 per hour for all hours worked, plus overtime at time and one-half their regular rates, including commissions, bonuses and incentive pay, for hours worked beyond 40 per week. Employers must maintain accurate time and payroll records. The Wage and Hour Division enforces the law without regard to immigration status, and complaints are confidential.

For more information about federal wage laws, or to file a complaint, call the Wage and Hour Division’s toll-free helpline at 866-4US-WAGE (487-9243) or its Dallas District Office at 817-861-2150. Information also is available at http://www.dol.gov/whd/.