The U.S. Department of Labor has filed a civil lawsuit against the operators of five Trumbull County Subway restaurants, alleging they violated federal child labor, minimum wage and overtime provisions.
Tammy and Joseph Hray own franchisee Hray Enterprises, which operates the eateries in Warren, Cortland and Brookfield. The lawsuit seeks actions including the recovery of back wages for 68 workers and former workers at their restaurants along with penalties for allowing minors to perform hazardous tasks prohibited by child labor regulations.
An investigation from July 21, 2009, through July 12, 2011 found that Hray Enterprises failed to pay workers for hours worked after the eateries closed to finish nightly closing procedures, resulting in both minimum wage and overtime violations, according to a press release from the U.S. Department of Labor. Deductions made from some of their wages for cash register shortages caused their pay to fall below the required $7.25 per hour minimum wage, the release states.
The release also said that five minors employed by the company were required to load and operate two paper balers and one trash compactor on a regular basis, which is against federal rules.
It's not the first time Hray Enterprises has been in trouble for labor violations. In 2005, it was fined $4,620 in penalties for child labor violations and ordered to pay $1,463 in back wages to 10 workers.
A department spokesperson said the amount of any new fines or penalties will be determined in court.
"Businesses large and small are obligated to pay their workers fairly and protect them from safety hazards," said George Victory, director of the Wage and Hour Division's Columbus District Office. "This case was particularly troubling since this employer has been found in violation of federal law in the past."
The restaurants in the current suit include: 4602 Mahoning Ave., Warren; 2016 Millennium Blvd., Cortland; 3001 Elm Road, Warren; 231 Main St., Warren; and 7192 Warren-Sharon Road, Brookfield.
