Wage and Hour Division (WHD)

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SAN FRANCISCO -- Two Fresno Yoshino Restaurants have agreed to pay more than $62,000 in back wages to 17 employees after an investigation by the U.S. Department of Labor's Wage and Hour Division found that its chefs and restaurant staff were not paid minimum wage and overtime in accordance with the Fair Labor Standards Act (FLSA).

"The Department of Labor is committed to strong enforcement of the laws to ensure that all workers, particularly those in low-wage jobs, are paid the correct wage and for all hours worked," said Tammy D. McCutchen, administrator of the Wage and Hour Division. "We are pleased that these restaurant workers will now get the $62,000 in total wages they worked hard for and deserve."

An investigation determined that Yoshino Investment Corporation, doing business as Yoshino Restaurants, paid employees straight time for all hours worked over 40 in a workweek. Chefs at the Japanese-style restaurants were paid on a salary basis and in some weeks, this salary brought them below the minimum wage. Record keeping violations were also found. Most of the workers were Hmong and Southeast Asian immigrants.

The Fair Labor Standards Act requires employees be paid the federal minimum wage of $5.15 per hour for all hours worked and time-and-one-half their regular rate for hours worked over 40 per week. Employers must also maintain accurate time and payroll records. Employers must also comply with state minimum wage and overtime laws.

The investigation covered the period between May 22, 1999 and May 22, 2001. The company cooperated during the investigation and the employees should be paid in full by November 7.

For more information about the FLSA, call the Wage and Hour off in Sacramento at (916) 978-6123 or the Department of Labor's toll-free help line at 1-866-4US WAGE (1-866-487-9243). Information is also available on the Internet at www.wagehour.dol.gov.

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