Wage and Hour Division (WHD)

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BOSTON -- A Provincetown, Mass., employer has agreed to pay $16,809.83 in overtime back wages to 24 employees and another $3,000 in penalties to the U.S. Labor Department to resolve a lawsuit alleging violations of the Fair Labor Standards Act (FLSA).

“This action should remind employers of our commitment to protecting overtime rights,” said Corlis Sellers, Northeast regional administrator of the department’s Wage and Hour Division. “These employees weren’t receiving their rightful pay, and we took action to restore nearly $17,000 to them. Especially when it comes to low wage workers, we will not hesitate to resort to the courts to ensure workers are paid all the wages they are due.”

The Labor Department recently filed suit in the U.S. District Court for the District of Massachusetts charging that Blasé, Inc. and Brian and Christine Hart, owners of the business that operates as the Café Blasé, violated the FLSA. The café is located at 328 Commercial Street in Provincetown.

An investigation by the department’s Boston Wage and Hour Division office found that the defendants required employees to work more than 40-hour workweeks without paying proper overtime wages. The investigation also determined that the defendants failed to maintain adequate and accurate records of the hours worked by employees and the wages they were paid.

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

The alleged violations took place between June 1, 2002 and January 1, 2004.

In addition to payment of back overtime pay and a penalty, a consent judgment signed by U.S. District Judge Robert E. Keeton, prohibits the defendants from future violation of the FLSA.

The Wage and Hour Division recovered nearly $200 million in back wages in fiscal year (FY) 2004 for more than 288,000 workers. Average days to resolve a complaint decreased in FY 2004 from 108 days to 92 days. 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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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.