US DOL: Restaurant Violated Child Labor and Overtime Laws

DOL News Releases

Filed February 25th, 2026

Detected February 26th, 2026

Summary

The US Department of Labor's Wage and Hour Division found Mt. Fuji Hibachi Inc. violated child labor laws by allowing a minor to perform hazardous tasks and work excessive hours. The investigation also revealed the employer denied overtime pay to 19 workers, resulting in $20,213 in back wages. The company paid a $22,249 civil penalty.

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What changed

The U.S. Department of Labor has issued findings against Mt. Fuji Hibachi Inc. (doing business as Mt. Fuji Sushi & Hibachi) for violations of the Fair Labor Standards Act. Specifically, the restaurant employed a 17-year-old to operate a trash compactor, a hazardous task prohibited for minors, and allowed 14 workers aged 14-15 to exceed legally permitted work hours. Additionally, the employer failed to pay overtime wages to 19 employees, resulting in $20,213 in recovered back wages.

This enforcement action highlights the critical need for employers, particularly in the restaurant industry, to rigorously adhere to child labor regulations and accurately compensate all employees for hours worked, including overtime. Mt. Fuji Hibachi has paid a $22,249 civil money penalty for the child labor violations. Compliance officers should review their current practices regarding minor employment and overtime calculations to ensure adherence to FLSA requirements and avoid similar penalties.

What to do next

Review child labor laws for applicable age restrictions and hazardous task prohibitions.
Verify accurate calculation and payment of overtime for all employees working over 40 hours per week.
Ensure compliance with legal hour limitations for minor employees.

Penalties

Civil money penalty of $22,249 for child labor violations and $20,213 in back wages for overtime violations.

Source document (simplified)

News Release

US Department of Labor finds Denver-area restaurant employed minors to load hazardous equipment, work outside of legally allowed hours

Investigation also found the employer denied overtime pay to 19 workers DENVER – A U.S. Department of Labor investigation of a full-service restaurant in Aurora found the employer violated federal child labor law and denied 19 chefs, kitchen staff, and other workers their earned overtime pay.

The department’s Wage and Hour Division found that Mt. Fuji Hibachi Inc., doing business as Mt. Fuji Sushi & Hibachi, violated child labor provisions of the Fair Labor Standards Act by allowing a 17-year-old to load a trash compactor, a hazardous task prohibited for workers under 18. Investigators also found the employer allowed 14 workers ages 14 and 15 to work later and longer hours than permitted by law.

Under federal law, children ages 14 and 15 may not work later than 7 p.m. between the day after Labor Day and May 31, or after 9 p.m. from June 1 through Labor Day, and they cannot work more than eight hours per day on a non-school day.

The investigation also revealed the employer failed to pay time and one-half overtime rates to some employees for all hours worked over 40 in a workweek, instead paying them straight time. Mt. Fuji Hibachi also failed to pay some employees any wages for overtime hours worked. In all, overtime violations resulted in the recovery of $20,213 in back wages.

“Restaurants have a clear legal duty to pay their employees for all hours worked, including overtime, and to provide a safe experience for young workers. The Wage and Hour Division is committed to protecting minors and ensuring employers meet their obligations under the Fair Labor Standards Act,” said Wage and Hour Division District Director David Skinner.

The employer has paid a $22,249 civil money penalty for the child labor violations in addition to the back wages.

The Department of Labor’s YouthRules initiative provides information about protections for young workers to youth, parents, employers, and educators. Through this initiative, the department and its partners promote work experiences that help prepare young workers to enter the workforce. The Wage and Hour Division has also published Seven Child Labor Best Practices for Employers to help employers comply with the law.

The agency’s PAID program offers employers an opportunity to self-report and resolve potential FLSA minimum wage and overtime violations, as well as certain potential violations under the Family and Medical Leave Act.

Learn more about the Wage and Hour Division, including a search tool that workers can use if they think they may be owed back wages collected by the division. Download the agency’s free timesheet app for iOS and Android devices to track hours and pay.

Agency Wage and Hour Division Date February 25, 2026 Release Number 26-202-DEN Media Contact: OPA West Media Email OPA-West-Media@dol.gov Share This
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