Wage and Hour Division (WHD)

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CHICAGO -- Recently completed investigations by the U.S. Labor Department’s Wage and Hour Division resulted in the recovery of more than $471,000 in back wages for 322 low-wage workers at 42 restaurants in northeastern Illinois. The investigations found violations of the minimum wage and overtime provisions of the federal Fair Labor Standards Act (FLSA).

“Our priority at the Department of Labor is to protect low-wage workers,” said Thomas A. Gauza, director of the Wage and Hour Division’s Chicago District Office. “We will not hesitate to aggressively enforce the law.”

Restaurants in Cook, DuPage, Kane, Kendall, Lake, McHenry and Will counties were investigated to determine compliance with the FLSA. The investigations covered all workers at the businesses, including cooks, dishwashers, servers and bus persons.

A look at pay practices by full service restaurants found a variety of violations, including failure to pay time and one-half employees’ regular rates for hours worked over 40 in a single workweek; straight pay made to kitchen employees that amounted to less than the federal minimum wage when divided by total hours worked; and incorrect handling of tip pools and overtime pay for tipped employees.

The FLSA requires that covered, nonexempt employees be paid at least the federal minimum wage of $5.85 per hour, and time and one-half their regular rates of pay for hours worked beyond 40 per week. Employers may consider tips as part of an employee’s wages but must pay at least $2.13 an hour in direct wages. Employers are required to maintain accurate records of employees’ wages, hours and other conditions of employment.

For more information, call 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. Information about the current FLSA exemption for white collar executive, administrative and professional employees can be found at www.dol.gov/fairpay.

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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.