Wage and Hour Division (WHD)

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SAN FRANCISCO -- More than 100 low-wage employees working at 10 La Casita restaurants in Palm Springs, Cathedral City, La Quinta, Indio, Palm Desert and Yucca Valley, Calif., are due $123,586 in overtime back wages following an investigation by the U.S. Department of Labor’s Wage and Hour Division.

“This action reflects the Department of Labor’s commitment to protect overtime rights and ensure that workers receive the wages they have earned,” said George Friday Jr., regional administrator in San Francisco for the Wage and Hour Division. “The department is extremely serious about making sure that workers, including the most vulnerable low-wage employees, are always properly paid.”

Investigators discovered that between October 2004 and October 2006 waiters, bussers, hosts and cooks did not receive overtime pay after working more than 40 hours in a workweek. Owners Javier Mendoza and Ramon Delao, both of Cathedral City, also failed to properly record the hours of work for these employees, who are scheduled to receive the back wages by July 31.

The Fair Labor Standards Act (FLSA) requires that covered employees be paid no less than the federal minimum wage and one and one-half times their regular pay rates for hours worked over 40 per week. Employers must also maintain adequate and accurate records of employees’ wages, hours and other conditions of employment.

The Wage and Hour Division worked with other members of the Economic and Employment Enforcement Coalition (EEEC), which included the California Department of Labor Standards Enforcement and the California Employment Development Department, in this investigation.

Spanish-speaking workers with employment questions are encouraged to contact the Employment Education and Outreach (EMPLEO) partnership, an alliance of organizations and government agencies that assists Spanish-speaking workers and employers with work-related concerns. This alliance, which includes the Wage and Hour Division, has established a local toll-free helpline, (877) 55-AYUDA (552-9832). Callers are assisted by volunteers who refer them to the appropriate EMPLEO partner for assistance.

For more information about the FLSA, call the Wage and Hour Division office in San Diego at (619) 557-5606 or the Department of Labor’s toll-free helpline at (866) 4US-WAGE (487-9243). Information is also available on the Internet at www.wagehour.dol.gov.

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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.