Wage and Hour Division (WHD)

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HOUSTON -- La Tapatia Mexican Café y Cantina in Houston has paid $109,708 in back pay after an investigation by the U.S. Department of Labor’s Wage and Hour Division found 217 current and former servers and cooks had not been properly paid.

The investigation, covering the two-year period May 1, 2004 to April 30, 2006, determined that La Tapatia Mexican Cafe y Cantina, owned by G Torres Inc., Armtor Inc., Palomera’s Inc., Famtor Inc., Tornav Inc., GandD Grill Inc. and West Tapatia Inc., violated the minimum wage and overtime provisions of the Fair Labor Standards Act (FLSA). The company not only paid servers straight time for all hours worked but also failed to pay overtime to non-exempt cooks.

“All employees are entitled to be paid the wages they have rightfully earned,” said Cynthia Watson, the Wage and Hour Division’s regional administrator for the Southwest. “We are pleased in this case that almost $110,000 will be recovered in back wages for these workers.”

The FLSA requires that covered employees be paid at least the federal minimum wage for all hours worked, plus time and one-half their regular rate of pay, including commissions, bonuses and incentive pay, for hours worked more than 40 per week. Employers must also maintain accurate time and payroll records.

The company cooperated with the investigation and has agreed to future compliance with the FLSA. All back wages have been paid in full.

The investigation of La Tapatia Mexican Café y Cantina was the result of a referral stemming from the Justice and Equality in the Workplace initiative that seeks to educate Hispanic employers about their responsibilities and employees about their rights in the workplace. The Wage and Hour Division and other partners in the initiative disseminate information, provide compliance assistance and conduct investigations to enforce federal labor laws.

The Wage and Hour Division concluded 31,987 compliance actions in fiscal year 2006 and recovered more than $171 million in back wages for more than 246,000 employees. Back-wage collections last year represent a 30 percent increase over back wages collected in fiscal year 2001. The number of workers receiving back wages has increased by 14 percent since fiscal year 2001.

For more information about the FLSA, call the U.S. Department of Labor’s toll-free help line (866) 4US-WAGE (487-9243) or contact the Wage and Hour Division’s district office in Houston at (713) 339-5500. Information is also available on the Internet at www.wagehour.dol.gov.

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