Michigan Department of Consumer & Industry Services Announces 4-Count Warrant Issued for New Baltimore Mancino's Owner for Youth Employment Violations

CIS Concludes Youth Employment Standards Act Investigation

Into Shooting Death of 16-year-old Employee



Apr 03, 2001, 01:00 ET from Michigan Department of Consumer & Industry Services

    LANSING, Mich., April 3 /PRNewswire/ -- Michigan Department of Consumer &
 Industry Services Director Kathleen Wilbur announced today that a warrant has
 been issued through the 42nd District Court for the owner of the New Baltimore
 Mancino's Pizzeria and Grinders for violations of the Youth Employment
 Standards Act following the death of a 16-year-old employee.
     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, who was fatally shot while working at Mancino's Pizzeria and
 Grinders in New Baltimore, Michigan on October 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).
 Charges are as follows:
 
     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 1
 year, or a fine of not more than $500.00, or both for each count.  Count 4 is
 a misdemeanor punishable by imprisonment for not more than 1 year, or a fine
 of not more than $2,000.00, 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).
     "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 8 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, 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."
     The department educates businesses, schools and parents on the aspects of
 legally and safely employing minors.  For additional information, visit the
 Wage & Hour Division's web site at
 http://www.cis.state.mi.us/bsr/divisions/wh/ or call 517-322-1825.
 
     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.**
     *  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 which 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 the web site
 at: www.cis.state.mi.us/bsr/divisions/wh .
 
     ** 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.
 
 

SOURCE Michigan Department of Consumer & Industry Services
    LANSING, Mich., April 3 /PRNewswire/ -- Michigan Department of Consumer &
 Industry Services Director Kathleen Wilbur announced today that a warrant has
 been issued through the 42nd District Court for the owner of the New Baltimore
 Mancino's Pizzeria and Grinders for violations of the Youth Employment
 Standards Act following the death of a 16-year-old employee.
     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, who was fatally shot while working at Mancino's Pizzeria and
 Grinders in New Baltimore, Michigan on October 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).
 Charges are as follows:
 
     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 1
 year, or a fine of not more than $500.00, or both for each count.  Count 4 is
 a misdemeanor punishable by imprisonment for not more than 1 year, or a fine
 of not more than $2,000.00, 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).
     "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 8 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, 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."
     The department educates businesses, schools and parents on the aspects of
 legally and safely employing minors.  For additional information, visit the
 Wage & Hour Division's web site at
 http://www.cis.state.mi.us/bsr/divisions/wh/ or call 517-322-1825.
 
     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.**
     *  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 which 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 the web site
 at: www.cis.state.mi.us/bsr/divisions/wh .
 
     ** 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.
 
 SOURCE  Michigan Department of Consumer & Industry Services