Wage and Hour Division (WHD)

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SAN FRANCISCO -- A total of 88 current and former San Jose grocery workers will share $248,437 in back wages as part of a settlement agreement between the U.S. Department of Labor and owners of a local chain of food stores.

Under the terms of the agreement, Mi Pueblo Markets, owned by Juvenal and Maria Chavez, will also improve its record keeping system, ensure that workers are properly paid in the future, and will comply with federal rules regarding employing minors.

An investigation by the San Jose office of the U.S. Department of Labor's Wage and Hour Division revealed that some workers were paid "straight time" for all hours worked, in violation of the overtime provisions of the Fair Labor Standards Act. Employees who worked at more than one location during the week, for example, sometimes put in more than 40 hours, but the payroll system failed to total the hours and to pay the higher overtime wages required by law.

The Labor Department fined Mi Pueblo Markets $900 in penalties for allowing two 15-year-old employees to work more hours and later than allowed on a school night. Under the Fair Labor Standards Act, 14-and 15-year-olds may not work during school hours, nor before 7:00 a.m. or after 7:00 p.m. (9:00 p.m. from June 1 through Labor Day). They may not work more than three hours on a school day nor more than 18 hours during weeks when school is in session. They may work a maximum of eight hours on non-school days and up to 40 hours during a week when school is not in session.

For more information about the federal Fair Labor Standards Act and child labor laws, call the Department of Labor's toll-free help line at 1-866-4USWAGE (1-866-487-9243) or contact the San Jose district office at (408) 291-7798. Information is also available on the Internet at www.wagehour.dol.gov. Information on youth employment, including the kind of jobs and hours restrictions for workers under age 18, can be located at www.youthrules.gov.

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U.S. Department of Labor releases are accessible on the Internet at www.dol.gov. The information in this news release will be made available in alternate format (large print, Braille, audio tape or disc) from the COAST office upon request. Please specify which news release when placing your request at (202) 693-7828 or TTY (202) 693-7755. The Labor Department is committed to providing America’s employers and employees with easy access to understandable information on how to comply with its laws and regulations. For more information, please visit www.dol.gov/compliance.