Wage and Hour Division (WHD)

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INDIANAPOLIS --

A dozen kitchen staff workers at Mexico City Grill, Indianapolis and Mi Casa Mexican Restaurant, Greenfield, Ind., will receive a total of $10,000 in unpaid overtime wages as directed by a consent judgment agreed to in federal district court in Indianapolis between the U.S. Department of Labor and Rodolfo A. Flores, the owner of the two restaurants.

An investigation by the Labor Department’s Wage and Hour Division found violations of the overtime pay provisions of the Fair Labor Standards Act (FLSA) during a two-year period beginning in January 2002. The department found that the businesses paid kitchen staff on a salary basis for all hours worked, including those over 40 in a single workweek, and did not keep a record of the hours worked. Under the terms of the October 31 agreement, the businesses will make four installments of $2,500 plus interest.

“The Department of Labor is committed to ensuring that workers are paid in accordance with the law and for all hours worked,” said Ella Johnson, district director of the Wage and Hour Division’s office in Indianapolis.

The FLSA requires payment of the federal minimum wage and payment of overtime at time and one-half a covered employee’s regular rate of pay for all hours worked in excess of 40 per week, unless otherwise exempt. The FLSA also contains record keeping requirements and youth employment standards.

For more information, call the Department of Labor’s toll-free help line at 1 (866) 4US-WAGE (487-9243).

Information is also available on the Internet at www.wagehour.dol.gov.

Information about the current exemption for while-collar executive, administrative and professional employees can be found on the Internet 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.