The U.S. Department of Labor has filed a lawsuit against a prominent fast-food franchisee, alleging serious violations of child labor laws. On February 25, 2026, Lori Chavez-DeRemer, the Secretary of Labor, lodged a complaint in the United States District Court for the Northern District of Georgia against BPV Enterprises, LLC, which operates several McDonald’s restaurants across Georgia.
According to the complaint, BPV Enterprises is accused of employing minors under the age of sixteen in hazardous conditions that violate federal labor standards. The lawsuit highlights that between December 17, 2021, and December 16, 2023, BPV Enterprises engaged in practices contrary to Sections 12(c) and 15(a)(4) of the Fair Labor Standards Act (FLSA), specifically by allowing young workers to operate deep fryers without proper safety measures. This action is deemed “oppressive child labor” under Section 3(1) of the FLSA.
The Secretary of Labor’s filing underscores that BPV Enterprises operates as an enterprise with annual sales exceeding $500,000 and employs individuals involved in interstate commerce or handling goods produced for such commerce. These factors place it squarely within the jurisdictional reach of federal labor regulations. The plaintiff asserts that these activities are conducted under unified control for a common business purpose as defined by § 3(r) and § 3(s)(1)(A) of the FLSA.
The Department of Labor seeks an injunction from the court to permanently restrain BPV Enterprises from continuing these illegal employment practices. Additionally, they request any further relief deemed necessary by the court to ensure compliance with child labor laws. This case serves as a significant reminder to businesses about adhering strictly to legal standards regarding minor employees’ safety and working conditions.
Representing the plaintiff is John O. Gainey from the Office of the Solicitor at the U.S. Department of Labor. The case is presided over by Judge MHC under Case ID: 1:26-cv-01090-MHC.
Source: 126cv01090_Lori_Chavez_v_Bvp_Enterprises_Complaint_Southern_District_of_New_York.pdf
