Wage and Hour Division (WHD)

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NEW YORK -- Following an investigation by the U.S. Department of Labor, Kawa Sushi 8 Ave. Inc., a Japanese restaurant located in Manhattan, has paid five delivery workers a total of $23,310 in overtime back wages due under the federal Fair Labor Standards Act (FLSA).

The investigation by the department’s Wage and Hour Division found that these delivery workers had been paid straight time for all hours worked and that they worked, on average, 60 hours per week. The FLSA requires that employees be paid at least the federal minimum wage and time and one-half their regular rates of pay for hours worked beyond 40 per week. The law also requires that employers maintain accurate records of employees’ wages, hours and other conditions of employment.

The New York City District Office of the Wage and Hour Division learned of the employer’s practices through the Rapid Employee Assistance in Chinese Hotline (REACH). Begun by the division in March 2004, the REACH initiative provides outreach to Chinese-speaking workers who have questions about their pay. Chinese language posters and handouts were created to publicize the dedicated telephone line.

“We are pleased that the Chinese-speaking community is finding REACH to be a useful resource,” said Philip Jacobson, director of the Wage and Hour Division’s district office in New York City, “and we are happy that we were able to resolve this particular matter without the need to resort to litigation.”

After being informed of the investigation’s findings, the owner of Kawa Sushi 8 Ave. Inc. paid the $23,310 in back wages, which cover the period from Aug. 5, 2005, to Aug. 4, 2007, and assured the Wage and Hour Division that the restaurant will fully comply with the FLSA in the future.

The Wage and Hour Division concluded 31,987 compliance actions and recovered more than $171 million in back wages for more than 246,000 employees in fiscal year 2006. Back-wage collections last year represent a 30 percent increase over back wages collected in fiscal 2001. The number of workers receiving back wages has increased by 14 percent since fiscal 2001.

Information about the FLSA’s requirements may be obtained by calling the Department of Labor’s toll-free helpline at (866) 4US-WAGE (487-9243). Information is also available on the Internet atwww.wagehour.dol.gov. The REACH hotline number is (212) 264-4175.

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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.