Michigan issues warrant for pizza company's owner; charges involve death of minor employee

A warrant has been issued through the 42nd District Court in Michigan for the owner of Mancino's Pizzeria and Grinders for violations of the Youth Employment Standards Act. The charges stem from the death of a 16-year-old employee.

According to Kathleen Wilbur, the director of the Michigan Department of Consumer & Industry Services, the four-count warrant is the result of CIS Bureau of Safety & Regulation's Wage & Hour Division investigation into the death of 16-year-old Justin Mello. He was fatally shot while working at Mancino's Pizzeria and Grinders in New Baltimore, MI, on Oct. 21, 2000.

The Macomb County prosecutor has authorized issuance of a four-count warrant against Kenneth Lynn Cook Jr., owner of Mancino's Pizzeria and Grinders for violating the Youth Employment Standards Act (PA 90 of 1978). The charges are:

1. Working a minor without a work permit.
2. Working a minor without a required meal or rest period.
3. Working a minor excess hours work and school combined.
4. Working a minor without adult supervision while handling cash.

Counts 1-3 are misdemeanors punishable by imprisonment for not more than one year, or a fine of not more than $500, or both, for each count. Count 4 is a misdemeanor punishable by imprisonment for not more than one year, or a fine of not more than $2,000, or both.

Wilbur said that the department conducts more than 1,000 youth employment investigations every year based on complaint or information regarding the unlawful or unsafe employment of a minor to determine if there are violations of the Youth Employment Standards Act (PA 90 of 1978) (YESA).

"In about 99 percent of these investigations we are able to quickly gain compliance by educating the employer about YESA and the safe and legal employment of minors," Wilbur said. "However, this case is the exception because it involved the death of a minor employee. When there is an injury or death of an employee who is a minor, CIS investigates and the findings are turned over to the local prosecutor for issuance of a warrant against the employer if it is determined that there is a violation of the YESA. On average, the department makes eight to 10 referrals a year to local prosecutors."

According to national statistics from the National Institute for Occupational Safety and Health (NIOSH), an estimated 60-70 minors in the country die from work-related accidents each year, while thousands more require emergency room treatment or hospitalization.

"This case sends a clear message to employers that they will be held accountable for failing to abide by the laws that were created to protect working teens," Wilbur said. "This summer alone we estimate that the teenage labor force in Michigan will be well over 400,000. We encourage parents, teachers, and working teens to become educated about the Youth Employment Standards Act and to contact our Wage & Hour Division immediately if there are concerns that an employer is not meeting these requirements."

Important facts from the Michigan Department of Consumer & Industry Services about Youth Employment Laws:

• Child labor law requires that minors not be allowed to work more than five hours without a 30-minute break period.
• Adequate adult supervision is required for working minors.
• The employment of minors in hazardous occupations such as those requiring the use of power driven machines, including bakery or meat processing machines, or chemicals marked "Danger" is prohibited.

Requirements for 14- and 15-year-olds:

DO's

• May work from 7:00 a.m. until 9:00 p.m. for up to 48 hours school and work combined per week under state law. (Employers subject to federal law can only employ 14-year-olds until 9 p.m. from June 1 to Labor Day, otherwise it is 7 p.m. Employers subject to the federal law are those with a gross annual dollar volume of $500,000 or more or those who engage in interstate commerce.)
• May perform delivery or errand work by foot, bicycle and public transportation.
• May do grounds maintenance using non-powered tools only.
• May do kitchen work using paring knives and serrated edge knives.

DON'Ts

• May not operate lawn mowers and cutters, tractors or earth moving equipment and trenchers.
• May not work in a confined space, such as a freezer/cooler.
• May not use a ladder, scaffolds or substitutes.

Requirements for 16- and 17-year-olds:

DO's

• May work between the hours of 6:00 a.m. until 10:30 p.m. (11:30 p.m. on Friday and Saturday nights) for up to 48 hours school and work combined per week.
• May bag and carry out customer orders.
• May do cashiering and sales, provided they don't sell cigarettes or alcoholic beverages.
• May do delivery and errand work by foot, bicycle or public transportation.

DON'Ts

• May not be employed in an occupation that requires driving a motor vehicle, except when such operation is occasional and incidental.
• May not be employed for transportation of persons or property.
• May not use hazardous substances.

If you have additional questions about the Youth Employment Standards Act, please contact the Wage & Hour Division at 517-322-1825 or visit their Web site at http://www.cis.state.mi.us/bsr/divisions/wh.

By Sandy Smith
Content Manager
E-mail: ssmith@verticalnet.com

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