Wage and Hour Division (WHD)

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AUSTIN, Minn. --

Pantaleon Mata, owner of El Mariachi restaurants in Fairmont and Austin, Minn., has agreed not to violate provisions of the Fair Labor Standards Act (FLSA) that require payment of minimum wage and overtime, following his entry of a guilty plea to a criminal charge of making false statements to investigators from the Wage and Hour Division of the U.S. Department of Labor.

Mata agreed to the issuance of a federal district court judgment prohibiting him and his corporations from violating the FLSA. Twenty-one workers will receive a total of $39,931 in unpaid overtime compensation, minimum wages and liquidated damages as part of the court actions.

The legal action followed an investigation by the Wage and Hour Division that found violations of the overtime pay and minimum wage provisions of the FLSA during a two-year period beginning in April 2002. After being notified that he was responsible for back wages owed to employees, Mata submitted back wage receipts to the Labor Department as proof of payment, when in fact he required employees to sign the receipts without receiving the back wages owed them.

“The Department of Labor is committed to ensuring that workers are paid in accordance with the law and for all hours worked,” said Jose L. Medina, district director of the Wage and Hour Division’s office in Minneapolis. “This case should demonstrate to employers that we will verify workers are paid.”

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. An interactive “e-laws advisor,” providing detailed information about complying with the Fair Labor Standards Act, is available at www.dol.gov/elaws/flsa.htm.

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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.