Administrative Law Judge upholds US Department of Labor findings of child labor violations, $38K fine for upstate New York water park

Date of action:                       Feb. 13, 2024

 Type of action:                      Summary decision

 Names of defendants:           Zoom Flume Water Park LLC (in East Durham, New York)

 Background:                          An investigation by the Albany District Office of the U.S. Department of Labor’s Wage and Hour Division found that the park employed 35 15-year-old lifeguards at the top of elevated, power-driven water slides between July 2021 and July 2022, in violation of federal labor laws and regulations, including the Fair Labor Standards Act. In October 2022, the division assessed civil money penalties, or fines, of $1,086 per child worker, for a total of $38,010. The employer appealed the division’s findings and penalties to the labor department’s Office of Administrative Law Judges.

Resolution:                             An administrative law judge granted the department’s motion for summary decision in its entirety, affirming the violations and the assessment of penalties, ordering Zoom Flume Water Park LLC to pay $38,010 to the department. 

Court:                                     Office of Administrative Law Judges, U.S. Department of Labor

Docket Number:                     2023-CLA-00007

Quotes:                                   “The U.S. Department of Labor is committed to fighting child labor violations and will aggressively litigate in order to hold violators accountable,” said Regional Solicitor Jeffrey S. Rogoff in New York.

“Child labor laws protect minors and help ensure young workers enjoy positive workplace experiences without jeopardizing their well-being or education. Identifying, correcting and preventing child labor violations are priorities of the U.S. Department of Labor,” said Wage and Hour Division Acting District Director Patrick DeForest in Albany, New York.

In fiscal year 2023, the Wage and Hour Division found child labor violations in more than 950 investigations, resulting in more than $8 million in penalties assessed to employers. 

Workers and employers can call the division confidentially with questions, and the department can speak with callers in more than 200 languages. Learn more about the Wage and Hour Division, including child labor regulations on dangerous jobs that are prohibited for workers under age 18. For more information about the FLSA and other laws enforced by the agency, contact the division’s toll-free helpline at 866-4US-WAGE (487-9243).