Wage and Hour Division (WHD)

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NEW YORK -- NHA Trang One Inc., doing business in New York City’s Chinatown as NHA Trang Restaurant, and the company’s owners have agreed to pay 10 employees a total of $57,122 in back wages and interest to resolve a lawsuit filed by the U.S. Department of Labor alleging violations of the federal Fair Labor Standards Act (FLSA).

The suit was filed in the U.S. District Court for the Southern District of New York following an investigation by the Labor Department’s Wage and Hour Division that disclosed violations of the FLSA’s minimum wage, overtime and recordkeeping provisions. The company and owners Danny Chu and Andy Ha were named as defendants.

The FLSA requires that covered employees be paid at least the federal minimum wage as well as one and one-half times their regular rates of pay for hours worked over 40 per week. The law also requires that accurate records of employees’ wages, hours and other conditions of employment be maintained.

“This case,” said Philip Jacobson, district director of the Wage and Hour Division’s district office in New York City, “should put other employers of low-wage workers on notice that the Department of Labor will not hesitate to take them to court in order to compel them to pay their employees properly for all hours worked.”

The consent judgment, signed by U.S. District Judge Barbara S. Jones on April 16, prohibits the defendants from future violations of the FLSA and orders them to pay employees the back wages and interest. The payments cover the period between Oct. 10, 2004, and Oct. 10, 2006. The defendants agreed to entry of the judgment while neither admitting nor denying the allegations in the department’s suit.

If the defendants fail to make the payments, the court will appoint a receiver with power to seize and liquidate their assets to satisfy the order. Finally, the defendants must orally advise employees of their rights under the FLSA, the terms of the judgment and their right to engage in protected activities under the FLSA without fear of retaliation. Official posters must also be posted where all employees may view them.

For more information about the FLSA, call the U.S. Department of Labor’s toll-free help line at (866) 4US-WAGE (487-9243). Information is also available on the Internet at www.wagehour.dol.gov.

Chao v. NHA Trang One Inc., et al; Civil Action Number: 1:07-CV-02731-BSJ

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