Wage and Hour Division (WHD)

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AUSTIN, Texas -- The New Mandarin Chinese Restaurant in Austin has paid $51,374 in back wages to eight kitchen staff employees after an investigation by the U.S. Department of Labor’s Wage and Hour Division (WHD) found the workers had not been paid minimum wages or overtime pay.

“The employer paid a weekly salary that did not meet the minimum wage requirement of $5.15 an hour,” said Nicasio Flores, Wage and Hour district director in San Antonio. “Additionally, these employees worked up to 52 hours during a work week and were not paid overtime wages.”

The Wage and Hour investigation, which covered a two-year period from Jan. 26, 2004 to Jan. 25, 2006, found the employer had violated the minimum wage, overtime and record keeping provisions of the Fair Labor Standards Act (FLSA).

The FLSA requires employers to pay covered, non-exempt employees 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.

New Mandarin Chinese cooperated with the investigation, has come into compliance with the law and has paid the back wages due in full.

The Wage and Hour Division recovered more than $166 million in back wages in fiscal year 2005 for more than 241,000 employees. Average days to resolve a complaint decreased during that time from 92 to 85 days.

For more information about the FLSA, call the San Antonio Wage and Hour 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. Information on the overtime requirements of the FLSA is also available at www.dol.gov/fairpay.

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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.