Clothing Retailer Pays $84,048 in Back Wages, Damages, and Penalties After U.S. Department of Labor Finds Child Labor, Retaliation Violations

SPANISH FORK, UT – 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 total of $84,048 in back wages, liquidated damages, and penalties to resolve violations of the Fair Labor Standards Act (FLSA) at the company's Spanish Fork, Utah, facility.

Investigators found the employer violated overtime, minimum wage, recordkeeping, child labor, and anti-retaliation provisions in the FLSA. WHD found Leggings Live violated child labor requirements by employing minors under the required minimum age of 14 years. The investigation found the employer terminated one worker's employment after they 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 old. Specifically, Leggings Live employed minors to load and unload merchandise from motor vehicles to stock the employer's warehouse.

The employer also violated FLSA minimum wage requirements when it failed to pay for all the hours one employee worked during one workweek. Overtime violations resulted from the firm's practice of paying employees straight time without regard to the number of hours they worked. Back wages were found due for five employees who worked more than 40 hours in some workweeks 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. Child labor violations can be avoided when employers understand the rules," said Wage and Hour Division District Director Kevin Hunt in Salt Lake City, Utah. "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.

The U.S. Department of Labor offers numerous resources to ensure employers have the tools they need to understand their responsibilities and to comply with federal law, such as online videos, confidential calls, or in-person visits to local WHD offices.

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). Employers who discover overtime or minimum wage violations may self-report and resolve those violations without litigation through the PAID program.  Information is also available at www.dol.gov/whd including a search tool to use if you think you may be owed back wages collected by WHD.