A restaurant’s Florida franchisees illegally used child labor and owed workers $24,000
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Florida, food and the Fair Labor Standards Act (FLSA)
Unpaid or underpaid labor can seem as common in Florida restaurants and grocery stores as mahi-mahi.
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Two owners of a combined 15 Tropical Smoothie Cafe franchise locations in the Tampa area got caught committing a hat trick of Fair Labor Standards Act violations — minimum wage, overtime pay, child labor — by the U.S. Department of Labor.
Labor’s Wage and Hour Division investigators found the problems at eight locations owned by JAB Adventures. State records say the company is run by Bradley Freet and Jean Freet out of what Zillow describes as a five-bedroom, five-bathroom house in Belleair Beach. The federal agency also found problens at seven locations owned by Three Grls, which state records say is run by Emily Harrington out of the Tampa offices for her company, Ignition Enterprises.
A Tropical Smoothie Cafe spokesperson said in an email to the Miami Herald:
“We are aware of labor investigation claims and findings associated with two franchisees in the Tampa area. We are working with the franchise owners of the independently owned and operated locations to ensure they resolve these matters promptly, and consult with experts to ensure compliance with all applicable federal, state, and local labor requirements.”
READ MORE: Florida, South Carolina produce packers got shorted $159,000 in pay by Brooklyn company
JAB locations
Labor said at the JAB locations, management took money from employees’ pay for uniforms and when the cash register came up short. They also didn’t pay overtime rates when overtime was worked, and other employees simply didn’t get paid for their work. All this counts as minimum wage and overtime violations, for which JAB paid $6,520 in back wages and damages to 56 employees, an average of $116.42 per worker.
As for the minors, Wage and Hour investigators found 11 workers ages 14 or 15 who worked more than 18 hours during a school week, more than 40 hours during non-school weeks, before 7 a.m. or after 7 p.m. on a school day. Also, kids under 18 were allowed to load a trash compactor “while the keys were inserted and the machine was in the ‘on’ status.”
This violation of FLSA’s child labor parts cost JAB a $10,054 civil money penalty.
Three Grls locations
As for the Three Grls pay violations, accurate time records weren’t kept. Also, management didn’t give employees tips left on credit card receipts, a problem Wage and Hour said came “after the company installed a new cash register system.” The 93 workers shorted at those franchises received $17,494 in back pay, an average of $188.10 per worker.
Three Grls also had its child labor issues with 11 kids ages 14 and 15. They worked past 9 p.m. June 1 and Labor Day, more than three hours on a school day, and more than eight hours on a non-school day. Also, Three Grls let a 15-year-old load a trash compactor. Three Grls paid a $10,564 in civil money penalty.
How to file a complaint
The Wage and Hour complaint section of Labor’s website contains information on how to file a complaint if you believe your employer has violated FLSA or other labor laws. Miami’s Wage and Hour Division office can be reached at 305-598-6607. The national helpline is 866-4US-WAGE (487-9243).
This story was originally published March 8, 2023 at 12:41 PM.
