Sonic restaurants in Hutchinson, Newton, McPherson fined for child labor law violations

The U.S. Department of Labor has fined a Newton-based company nearly $42,000 for alleged child labor law violations at its Sonic restaurant locations in Hutchinson, Newton, and McPherson.

Labor officials say the company, BBR Investments LLC, allowed teens aged 14 and 15 to work too many hours and later on some evenings than the law allows.

The violations involved 50 minors, including 34 who worked in Newton, 10 in McPherson, and six in Hutchinson.

The company owns 17 Sonic franchise restaurants around the state, but a labor official said the three sites fined were the only restaurants involved in the investigation, which covered a period from March 2020 to February 2022.

“Wage and Hour do not disclose the reasons for its investigations," such as whether they were based on complaints, stated Rhonda Burke, Deputy Director of Public Affairs with the agency, in an email in response to questions from The News.

"It does employ a variety of tactics within the authority of section 211(a) of the FLSA to conduct an investigation,” she said. “This can include reviewing of records and interviews."

The employer is able to take exception to the penalties and request an administrative or judicial hearing, but it must do so in writing within 15 days.

The News was unable to reach the business owners, listed in Kansas Secretary of State filings as Richard Bernard of Sedgwick and Rusty Billington of Hutchinson, for comment or to see if they planned to appeal.

The agency's Wage and Hour Division found the company permitted minors to “consistently work more than 3 hours on a school day, more than 18 hours in a school week, and more than 8 hours on a non-school day,” according to the release.

The employer also allowed them to work past 7 p.m. during the school year and after 9 p.m. during the period between June 1 through Labor Day, which also violates provisions of the Fair Labor Standards Act.

The civil penalties, which were $2 short of $42,000, included $24,956 in penalties for violations at the location at 215 N. Main St. in Newton, about $9,700 for violations at the restaurant on East Fourth Street in Hutchinson, and $7,340 for the drive-in at 10 E. Kansas Ave., in McPherson.

Because each restaurant was individually incorporated, the agency assessed the penalties against each entity for violations found at the specific locations, Burke said.

“Federal child labor laws allow for youth employment,” stated Reed Trone, wage and hour division district director in Kansas City, Missouri, in a release. "But (they) specify when and how long these young people can work, and what hazardous occupations must be avoided so their safety and well-being are never compromised."

The FLSA allows 14- and 15-year-olds to only work 3 hours on school days, 8 hours on non-school days, and no more than 18 hours per week. Besides the evening hours restrictions, the law prohibits minors from operating motor vehicles or forklifts and using other hazardous equipment.

To assist employers in avoiding violations and to inform young workers and their parents, the division has published “Seven Child Labor Best Practices for Employers.”

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). Or download the agency’s new Timesheet App to ensure hours and pay are accurate.