Wage and Hour Division (WHD)

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NEW YORK -- Following an investigation by the U.S. Department of Labor, Hachi-Hachi Corp., doing business as a restaurant in Manhattan called Mizu Sushi, has paid 83 low-wage workers a total of $593,222 in minimum wage and overtime back wages due under the federal Fair Labor Standards Act (FLSA).

The investigation by the department’s Wage and Hour Division found that sushi chefs, kitchen staff, wait staff, cashiers and delivery staff were paid a straight salary for all hours worked and were not paid overtime wages as required by the FLSA. Some delivery and wait staff members were being paid as little as $100 for 50 hours of work per week. The company also failed to maintain proper records of employment as required by the FLSA.

The FLSA requires that employees be paid at least the federal minimum wage, and time and one-half their regular rates of pay for hours worked beyond 40 per week. The law also requires that employers maintain accurate records of employees’ wages, hours and other conditions of employment.

After being informed of the investigation’s findings, the company, which cooperated fully during the investigation, agreed to pay the back wages found due and to come into full compliance with the requirements of the FLSA in the future. So far, 66 workers have been paid more than $530,000, and the Wage and Hour Division has received a check for $63,122 from the company for 17 employees that have not yet been located.

Philip Jacobson, director of the Wage and Hour Division’s district office in New York City, noted that many of the employees of Mizu Sushi were Chinese speaking. He encouraged anyone who might know the whereabouts of these “missing workers” to call the REACH Chinese language hotline staffed by his office. He stressed that the hotline (REACH is an acronym that stands for Rapid Employee Assistance in Chinese Hotline.) also can be used by Chinese speaking workers who have questions about their pay or working conditions. The telephone number is 212-264-4175. Another way to check possible eligibility is to visit the Wage and Hour Web site at www.wagehour.dol.gov, click on the “Back Wage Employee Locator” link and answer the questions there.

“We are always pleased,” said Jacobson, “when we present our findings to employers and are met with cooperation rather than resistance, especially when the case involves such a substantial amount of back wages due. It is the goal of the Wage and Hour Division and should be the goal of all employers to make sure that workers are paid properly for all the hours they work.”

For more information about the FLSA, call the Department of Labor’s toll-free helpline at 866-4US-WAGE (487-9243). Information is also available on the Internet at www.wagehour.dol.gov, and an interactive “e-laws advisor” providing detailed information about FLSA compliance is available at www.dol.gov/elaws/flsa.htm.

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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.