Listen to this articleWhere the Fair Labor Division of the Attorney General’s Office cited an employer for violations of the meal break law (G.L.c. 149, §100) affecting a total of 620 adult employees, the citations must be vacated because the Legislature intended to limit civil enforcement of the meal break law to minors.
“… [Petitioner Dollar Tree Stores, Inc.] challenges whether the FLD has the authority to issue civil citations in Meal Break cases involving only adults. …
“Taken together, a fair reading of the statutes, amendments, proposed amendments, and other legislative materials suggests that violations against children, not violations generally, were the Legislature’s target when it gave the FLD civil enforcement authority in §78A. …
“There is no doubt that if the Dollar Tree employees had been minors, the FLD would have been authorized under §78A to issue the disputed citations. However, it is for the Legislature to decide whether it would like to extend civil enforcement of the Meal Break Law to cases involving adults. Until then, I must conclude that the FLD’s civil enforcement actions against Petitioner for alleged violations of the Meal Break Law lacked the force of law and must be vacated accordingly.”
Dollar Tree Stores, Inc. v. Office of the Attorney General – Fair Labor Division (Lawyers Weekly No. 27-064-23) (17 pages) (Forton, Administrative Magistrate) (Division of Administrative Law Appeals) Chrisopher B. Kaczmarek and Shea A. Miller, both of Littler Mendelson, for the petitioner; Amy Goyer for the respondent (Docket Nos. LB-22-0039 and 0040) (Oct. 17, 2023).
Click here to read the full text of the opinion.