Wage and Hour Division (WHD)

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NEW YORK ,NY -- Following an investigation by the U.S. Department of Labor, two Korean restaurants located at 51 and 53 West 35th St., New York City, have paid 18 employees a total of $80,074 in back wages due under the federal Fair Labor Standards Act (FLSA).

An investigation by the department’s Wage and Hour Division found that both Hyo Dong Gak and Han Bat restaurants employed some workers who were paid less than the required federal minimum wage and some who were not properly compensated for working more than 40 hour workweeks.

The FLSA requires that employees be paid at least the required minimum wage and time and one-half their regular rate of pay for hours worked over 40 per week. The law also requires that employers maintain accurate records of employees’ wages, hours and other conditions of employment.

A total of $26,538 was recovered in minimum wage and overtime back wages for 7 employees of Han Bat and a total of $53,536 was recovered in minimum wage and overtime back wages for 11 employees of Hyo Dong Gak. The restaurants paid the back wages in full and agreed to future compliance with all applicable sections of the FLSA. The Wage and Hour investigation covered from approximately May 1, 2002 to May 1, 2004.

Information about the requirements of the FLSA may be obtained by calling 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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