Wage and Hour Division (WHD)

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OMAHA, Neb. -- Barbeque Ventures, BBQ Ventures of Nebraska and Old Market Ventures LLC, all doing business as Famous Dave’s Restaurants in the greater Omaha, Neb., area, have been ordered to pay $92,516 in overtime back wages to 25 workers under terms of a summary judgment granted to the U.S. Department of Labor in a lawsuit it filed.

The Omaha-based national restaurant chain includes five locations – three in Omaha, Neb.; one in Bellevue, Neb.; and one in Council Bluffs, Iowa. Prior to a recent sale to new ownership, the chain was owned by William M. Theisen.

An investigation by the department’s Wage and Hour Division, as part of a larger restaurant initiative, found that this employer failed to pay kitchen workers and servers at all Famous Dave’s locations for overtime at one and one-half times their regular rates as required by the Fair Labor Standards Act (FLSA). Employees at more than one restaurant worked as many as 60 hours in a workweek.

In addition to paying the back wages owed workers, the employer has been ordered by the court to pay an equal amount in liquidated damages, plus post judgment interest to each worker named in the judgment. The Wage and Hour Division’s investigation covered the period from May 2004 to May 2006.

The FLSA, enforced by the Wage and Hour Division, requires that covered workers be paid at least the federal minimum wage of $5.85 per hour for all hours worked. It also requires that workers be paid time and one-half their regular rates of pay for hours worked over 40 in a single workweek, and that employers maintain adequate and accurate records of employees’ wages, hours and other conditions of employment. In general, “hours worked” includes all time an employee must be on duty, or on the employer’s premises or at any other prescribed place of work, from the beginning of the first principal activity of the workday to the end of the last principal work activity of the workday.

The Wage and Hour Division concluded 30,467 compliance actions and recovered a record $220 million in back wages for more than 341,000 employees in fiscal year 2007. Back-wage collections in fiscal year 2007 represent a 67 percent increase over back wages collected in fiscal year 2001. The number of workers receiving back wages has increased by 58 percent since fiscal year 2001.

For more information about the FLSA, call the Wage and Hour Division’s toll-free helpline at 866-4US-WAGE (487-9243) or contact the Des Moines District Office at 515-284-4625. 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.