AG cites Burger King and Popeyes franchise operators across Massachusetts $2+ million for violating child labor laws, other worker rights

BOSTON – Attorney General Andrea Joy Campbell today announced that her office has issued citations against Northeast Foods LLC, a company which operates dozens of Burger King franchise locations across Massachusetts, for violating various state employment laws, including child labor laws. The citations, totaling approximately $2,029,754, include restitution for unpaid wages and penalties.  

Separately, the AGO also recently reached a settlement with Popeyes franchise operators Amish Parikh and Ashish Parikh, who are New Jersey-based owners of 19 Popeyes franchise locations across Massachusetts. The settlement resolves allegations that the operators violated the state’s child labor laws and the Earned Sick Time Law. As part of the settlement, the AGO issued $212,516 in citations against the Popeyes operators, which included restitution for impacted workers and penalties. 

“Our workplace laws exist to provide crucial rights and protections to our workforce,” said AG Campbell. “My office will continue to enforce these laws to protect and empower workers, including young workers who contribute to their communities and gain new skills and experiences.” 

The Attorney General’s Office alleges that in violation of Massachusetts’ wage and hour laws, between at least January 2022 and March 2023, the Burger King franchise operator failed to pay minimum wage and make timely payments to workers, and in some instances, failed to pay any wages to workers. The AGO also alleges that the operator failed to permit workers to earn and use sick time as legally required, failed to maintain accurate employee payroll records, and failed to provide certain requested documentation, including payroll records, to the AGO.   

Additionally, the AGO alleges that in violation of Massachusetts’ child labor laws, within the same time period, the franchise operator scheduled minors for work during legally prohibited hours and in excess of the state’s limit of nine daily working hours for workers that are 16 and 17 years old. 

The AGO began investigating the matter upon receiving a complaint from a worker at a Burger King location regarding nonpayment of wages. The AGO’s investigation indicated that the alleged violations impacted nearly 2,000 employees at Burger King locations operated by Northeast Foods LLC across Massachusetts.  

In 2017 and 2022, the AGO similarly cited Northeast Foods LLC for multiple violations of the state’s child labor laws at various Burger King locations. Additionally, in 2019, the AGO cited the company for failing to maintain a legally required earned sick leave policy at a Burger King location in Marlborough.  

  Regarding the AGO’s settlement with the Popeyes franchise operators, the AGO alleged that the Popeyes franchise operators failed to permit three workers to use sick time as legally required and scheduled minors for work during legally prohibited hours and in excess of the state’s total daily and weekly working hour limits.  

Massachusetts’ wage and hours laws have certain requirements pertaining to employee pay and recordkeeping, including requirements related to minimum wage, timely payments within six days after the end of a pay period, and payments for all time worked.  

The Massachusetts Earned Sick Time Law provides workers the right to earn and use up to 40 hours of job-protected sick time per year, allowing workers to accrue one hour of earned sick leave for every 30 hours worked.  

Additionally, Massachusetts’ child labor laws impose certain requirements related to minors in the workplace, including limitations based on age, on work hours and types of jobs allowed. Under the state’s child labor laws, minors aged 16 and 17 years old may not work for more than nine hours a day, six days a week, and 48 hours a week. More information regarding work hour restrictions for minors may be found on the AGO’s website. The AGO has also issued a fact sheet related to prevention of child labor exploitation.   

The AGO’s citations against the Burger King franchise were handled by Assistant Attorney General Amy Goyer and Supervising Investigator Jennifer Pak, both of the AGO’s Fair Labor Division, which is tasked with enforcing the state’s child labor, wage and hour, and other employment laws.  

The AGO’s settlement with the various Popeyes franchise operators was handled by Assistant Attorney General Drew Cahill and Investigator Christina Proietti, also of the AGO’s Fair Labor Division.  

In September, AG Campbell released the AGO’s annual Labor Day Report, which highlights the Fair Labor Division’s work to protect employees over the past fiscal year, including assessing more than $31.5 million in restitution for unpaid wages and penalties. This past summer, in recognition of the tenth anniversary of the AGO’s Healthy Summer Youth Jobs (HSYJ) Program, AG Campbell highlighted more than $4 million in child-labor-related restitutions and penalties secured by the AGO’s Fair Labor Division during her administration.  

Workers in Massachusetts who believe their workplace rights have been violated are encouraged to file a complaint with the AGO’s Fair Labor Division at mass.gov/ago/fld. For more information about the state’s employment laws, workers may call the AGO’s Fair Labor Hotline at (617) 727-3465 or visit mass.gov/ago/fairlabor for information available in multiple languages.