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A coffee shop chain with locations in Leominster and Littleton has been fined close to $47,000 for violating Massachusetts child labor and wage and hour laws with its employees, Attorney General Maura Healey said Thursday.
A total of four civil citations have been issued against Delgado Donut Shops LLC and Route 13 Donut Shop Inc., both of Leominster, which do business as Dippin’ Donuts; along with owners Fernanda Delgado and her husband Hilario Delgado.
The AG’s office ordered the defendants to pay more than $15,000 in restitution and close to $32,000 in penalties.
A review of the labor practices at their four locations — three in Leominster and one in Littleton — including audits of business records, revealed various violations dating back to 2012, the statement from the AG's office said. Healey said the defendants scheduled three employees under 18 years old after 8 p.m. on 60 occasions, and one employee prior to 6 a.m. on one occasion, at a Leominster location.
“Employers must comply with the law to ensure the health, safety and proper payment of their workers,” Healey said. “Our child labor laws are designed to protect minors by limiting the hours and times they can work. We want to make sure that this business provides its staff with better working conditions and does not interfere with the earnings that they depend on.”
The Massachusetts Child Labor Laws include restrictions on both the occupations in which minors may be employed, as well as the hours during which they may work. It is illegal for minors to work past 8 p.m. without adult supervision.
An audit of the business also revealed that the Delgados did not properly distribute the tips received to employees as required by Massachusetts law. Supervisors, including the owners and managers, allegedly collected money from a tip pool with regular hourly employees.
Management and non-service employees are specifically prohibited from receiving or sharing tips. The statement said that a review of the Delgados' records showed that more than $15,000 in tips were unlawfully retained by management.
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