Wage and Hour Division (WHD)

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INDIANAPOLIS, Ind. --

The U.S. Department of Labor filed suit against two Indiana Mexican restaurants – one in Indianapolis and the other in Greenfield – and the president of both for alleged minimum wage and overtime pay violations of the Fair Labor Standards Act (FLSA), the federal wage and hour law.

“Our priority at the Department of Labor is to protect vulnerable workers. We will not hesitate to aggressively enforce the law and pursue litigation in cases involving serious violations,” said Ella Johnson, district director of the Wage and Hour Division in Indianapolis.

The complaint, filed in U.S. District Court, Southern District of Indiana, alleges violations of the minimum wage, overtime pay, and record keeping provisions of the FLSA. The Labor Department is seeking back wages, liquidated damages equal to the amount of back wages or interest, and an injunction restraining Mexico City Restaurant, doing business as Mexico City Grill, Mi Casa Mexican Restaurants, and Rodolfo Americo Flores from future violations of the FLSA.

The lawsuit alleges that the restaurant paid workers less than the minimum wage and did not pay an overtime rate when they worked more than 40 hours per week. The lawsuit further alleges that the firm failed to keep an accurate record of hours worked by employees. The alleged violations occurred since June 2003.

The FLSA requires that covered employees be paid the minimum wage for all hours worked and time and one-half their regular rate of pay for hours worked in excess of 40 per week. The FLSA also requires employers to maintain accurate time and payroll records.

For more information about the FLSA, call 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.

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