Wage and Hour Division (WHD)

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SEATTLE -- The U.S. Labor Department announced today that Typhoon! Inc. has agreed to pay 33 cooks a total of $170,324 in back wages for overtime compensation, as required under the Fair Labor Standards Act (FLSA). Typhoon! Inc. is an enterprise of six Thai restaurants in Beaverton, Gresham and Portland, Ore., as well as Everett, Redmond and Seattle, Wash.

"Both this investigation and our new Overtime Security rules reflect our commitment to protecting the overtime rights of workers," said Secretary of Labor Elaine L. Chao. "In this case, employees weren't receiving their rightful overtime pay, and this Administration took action and restored $170,324 in back wages. Workers' overtime rights are further strengthened by our new Overtime Security rules, which increase protections for millions of workers by updating and clarifying the old regulations."

An investigation by the Department's Wage and Hour Division found that the company, based in Portland, Ore., erroneously classified cooks as exempt from the FLSA overtime requirement. Additionally, the company failed to maintain accurate records of hours worked by employees.

The department's investigation covered the period from May 1, 2001, until Dec. 23, 2003.

Under the FLSA, employers must pay covered workers at a rate of at least one and one-half times their regular rate of pay after 40 hours in a workweek and must maintain accurate records about employees, their hours worked and their wages earned.

The WHD recovered more than $212 million in back wages in fiscal year (FY) 2003, a 21 percent increase over the record-setting amount of FY 2002. Average days to resolve a complaint decreased in FY 2003 from 129 days to 108 days. WHD assessed employers nearly $10 million in civil money penalties in FY 2003.

For more information about the FLSA, call the Seattle Wage and Hour Office at 206-398-8039 or the department's toll-free help line at 1-866-4USWAGE (1-866-487-9243). Information is also available at www.wagehour.dol.gov.

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