Alaska Employment Law

Sedwick affirms DOL penalty against setnetters employing 13-year old

Two setnetters challenged a U. S. Department of Labor finding that they had illegally employed a minor for two seasons (when he was 13 and 14) in their fishing operations.  Judge John Sedwick has affirmed the ALJ’s decision, which imposed a penalty of $11,700 against the employers.

Sedwick ruled that substantial evidence supported the following findings by the ALJ: 

1)  The FLSA applied because the minor was “employed in oppressive child labor in commerce” (a form of individual coverage, as opposed to enterprise coverage);

2)  The minor was an “employee” rather than an independent contractor; and

3)  The maximum penalty against the employers was warranted, because no mitigating factors weighed substantially in the employer’s favor. 

Halsey v. Administrator, Wage and Hour Division, USDOL, 2007 WL 4106268 (D.Alaska Nov. 16, 2007).

Arthur Robinson of Soldotna represented the Halseys.  Richard Pomeroy of the Anchorage U S Attorneys Office represented the Labor Department.