Wage and Hour Division (WHD)

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NEW YORK, NY -- Following an investigation by the U.S. Department of Labor, three restaurants located in the Jackson Heights section of Queens, N.Y., have paid 43 employees a total of $225,009 in minimum wage and overtime back wages. At issue were allegations of violations of the federal Fair Labor Standards Act (FLSA).

“Both this action and our new Overtime Security rules reflect our commitment to protecting overtime rights,” said Secretary of Labor Elaine L. Chao. “These restaurant workers were not receiving their rightful pay, and we took action to restore over $225,000 to them. Overtime rights will be further strengthened by our new Overtime Security rules which increase pay protections for millions of workers by updating and clarifying the old regulations.”

Included in the investigation by the Labor Department’s Wage and Hour Division were Pollos Mario Restaurant, Pollos a La Brasa Mario, and Cositas Ricas. The department found that the three restaurants, which operate under common ownership, were paying tipped employees $20.00 per shift regardless of the hours worked. The Wage and Hour investigation also found that employees were often required to work in excess of 40 hours per week without being paid overtime wages.

The FLSA requires that employees be paid at least the applicable minimum wage, time and one-half their regular rate of pay for hours worked over 40 per week, and that accurate records of employees’ wages, hours and other conditions of employment be maintained.

Once informed of the apparent minimum wage and overtime violations, management officials of the restaurants agreed to pay employees the back wages they were due and to come into full compliance with the FLSA in the future.

The investigation was conducted by the New York City District Office/Brooklyn Area Office of the Labor Department’s Wage and Hour Division. Information on the requirements of the FLSA may be obtained by calling the department’s toll-free help line at 1-866-4USWAGE (1-866-487-9243). Information is also available on the Internet at www.wagehour.dol.gov.

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