Children as young as 10 are among a record number of underage workers illegally employed at fast food restaurants, with some of America's biggest brands reportedly among the worst offenders.
According to Labor Department statistics, U.S. bosses were discovered with nearly 6,000 children on their books last year, up from just over 1,000 in 2015, even as the number of inspectors fell.
Among the worst offenders were fast-food restaurants, which sometimes employed school-age children late into the night, violating federal laws protecting their education dating back to the 1930s.
In one case, a McDonald's franchise in Kentucky was discovered to have two 10-year-olds in the kitchen at 2 a.m., with the company committing a total of 2,300 violations since 2013. In the Louisville case, despite the fine, officials alleged that these were the children of a night manager and that their work was not approved by the franchisee's management.
“These are serious violations of the law,” former Labor Department official and professor David Weil told The Washington Post.
“These laws are not just arbitrary.” They are based on the fact that, as a society, we first and foremost want children to receive an education so that they can lead a life in which they have the skills and education to be one to have a good job.”
Fast food restaurants are responsible for more than three-quarters of violations of child labor laws
Tyler Karpinsky (above) said his academic performance deteriorated after he took a job at a McDonald's in Coughlin, Rutland, Vermont, as a 15-year-old
McDonald's officials told the Post that child labor violations do not reflect the experience of most teenagers who “work in age-appropriate roles and seek meaningful jobs in their local communities.”
Federal law prohibits 14- and 15-year-olds from working for more than three hours after 7 p.m. and on school evenings.
Violations of these laws accounted for nearly three-quarters of federal cases at grocery stores between 2020 and the end of September.
But older teenagers have far fewer protections, and some face the impossible task of balancing their jobs with their studies.
California prohibits those under 18 from working more than four hours on school nights or after 10 p.m.
But 17-year-old high school senior Sebastian Marek claims he worked six hours a day on school nights at a McDonald's in East Los Angeles, ultimately missing 26 days of school and being late another 70 times.
“When I told the manager I wanted to work fewer hours because I needed more time to sleep and study, she told me it was my fault for not being able to keep up with school and work,” he said.
McDonald's officials have not yet responded to Marek's allegations. has contacted the company for comment.
Matthew Tulaphorn, owner of the East LA franchise, said any allegations of illegal child labor were “unfounded.”
“We take our responsibility as a local employer in the East LA community seriously,” he added, according to the Post. “It is important to us that all of our employees have a safe and respectful working environment.”
Nayely Hernandez, who worked at the same franchise as a 17-year-old, graduated a semester late after being required to work eight hours a day for three school days and finishing at 11:30 p.m. on a school night.
“At one point I was falling behind in class because I only had a five-hour window to sleep,” she said.
“It makes me think every job is like this because this was my first job.”
Sebastian Marek, who graduated from high school last year, claims he worked six hours a day on school nights at a McDonald's in East Los Angeles
A Post analysis found that McDonald's was the nation's worst violator, with 15 violations per 100 stores since 2020.
Last May, two 10-year-olds were found working without pay in the middle of the night at a Louisville McDonald's restaurant run by Bauer Food, with one of them operating a deep fryer.
A spokesman for Bauer Food said the 10-year-olds were the children of a night manager and their work was not approved by the franchisee's management or leadership, but the company was fined a total of $39,711.
McDonald's said the number of violations was small compared to its 14,000 U.S. stores and 800,000 employees.
It says branches will be provided with sufficient advice “to help franchisees ensure compliance with minor employment laws and provide enriching employment experiences to young people who seek them”.
Experts believe a near-record labor shortage is behind the rise in violations, partly due to the “great resignation” of the pandemic era.
Despite the increase, 19 states are considering bills to relax child labor laws. Florida is considering a bill that would lift all restrictions on 16- and 17-year-olds and allow them to work overnight on school days.
In May, Iowa extended the deadline for 14- and 15-year-olds to work from 7 to 9 p.m. on school nights, while also allowing 14-year-olds to work in industrial laundries, roofing and demolition work.
The problem extends far beyond the fast food industry: The Labor Department found that 688 children will work in dangerous conditions in 2022, a 26 percent increase from the previous year.
Reid Maki, the director of child labor issues at the National Consumers League, said there was a “whole iceberg” among the Labor Department's figures, with up to 300,000 children working in agriculture, often “backbreaking” 80-hour weeks Inhalation of pesticides.
“The number of unaccompanied minors coming across the border is a major problem,” she told the Post.
“We are worried that the boys might work on the farm. “Many girls do too, but they are also vulnerable to being introduced into sex work.”
McDonald's said the number of violations was small compared to its 14,000 U.S. stores and 800,000 employees. It says branches will be provided with sufficient advice “to help franchisees ensure compliance with minor employment laws and provide enriching employment experiences to young people who seek them”.
Nineteen states plan to roll back current protections. Florida is considering a bill that would remove all limits for 16- and 17-year-olds and allow them to work overnight on school days
Jessica Looman of the Labor Department acknowledged that the agency's enforcement data “at no time provides a comprehensive picture of national child labor conditions and practices” and that the actual number of violations could be significantly higher.
Analysts warned that the franchise model used by much of the fast food industry encourages child labor and franchisees face high licensing fees.
Coughlin Inc., which operates many McDonald's franchise stores in New England, was ordered to pay $109,000 in 2022 for violations at nine stores in New Hampshire and Vermont.
More than 140 under-16s were allowed to work illegally, and two of them suffered burns in hand-operated deep fryers and ovens.
Tyler Karpinsky claims his academic performance deteriorated after he took a job as a 15-year-old at a McDonald's in Coughlin, Rutland, Vermont, where he had to work more than three hours on school nights.
“I thought it was normal,” he said.
“But I was worried that my GPA wouldn’t be high enough by the time I graduated.”
Slim Chickens Fast Food's 176 locations had the highest rate of child labor violations. according to the post. A store in Colorado was cited 30 times for illegally employing 14- and 15-year-olds.
Slim Chickens said it had overhauled its recruiting practices and stressed “we take these matters to heart.”
Coughlin said it has implemented employment testing and retrained supervisors on child labor laws.
But Starbucks, which owns or licenses all 16,000 U.S. stores that make it the second-largest fast-food chain in the country, has not been charged with child labor violations since 2013.
“The franchise model is a major factor in child labor violations because it promotes a race to the bottom in labor standards,” said Nina Mast of the Economic Policy Institute.
Michael Layman of the International Franchise Association said his group is working closely with the Department of Labor on “compliance and education.”
“Industries from pet services to printing utilize the franchise model, and these companies work every day to provide meaningful employment opportunities to develop employability skills within the law,” he emphasized.