Wage and Hour Division (WHD)

Printer-Friendly Version

Press Releases

SOUTH PADRE ISLAND, Texas -- The U.S. Department of Labor today announced that Enterprise Management Inc., doing business as Schlitterbahn Shrimp Haus Restaurant, has agreed to pay 89 current and former cooks, wait staff, busboys and bartenders $58,440 in back wages due as a result of violations of the Fair Labor Standards Act (FLSA) overtime provisions.

An investigation by the department’s San Antonio Wage and Hour district office, covering the two years from Jan. 13, 2003 to Jan. 12, 2005, found that Schlitterbahn Shrimp Haus failed to pay proper overtime wages when employees worked more than 40 hours in a workweek. The restaurant incorrectly claimed that its employees were exempt from the FLSA as employees of an amusement or recreational establishment.

“The FLSA does provide an amusement or recreational exemption for the seasonal water park, but the restaurant, which is open year-round, does not meet the FLSA exemption requirements,” said Nicasio Flores, Wage and Hour district director in San Antonio. “The employer has paid the back wages and agreed to future compliance with the FLSA.”

The FLSA requires employers to pay covered workers the minimum wage for all hours worked and time and one-half their regular rate of pay for hours worked over 40 per week. Employers must also maintain accurate time and payroll records.

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

For more information about the FLSA, call the Wage and Hour San Antonio district office at (210) 308-4515 or the Department of Labor’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.

###

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.