Wage and Hour Division (WHD)

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ST. LOUIS -- El Nopal Mexican Restaurant has paid back wages totaling $95,800 due to 15 employees of the restaurant located at 3 and 4 Stonegate Center, Valley Park, Mo., following an investigation by the U.S. Department of Labor’s (DOL) Wage and Hour Division. Restaurant officials were found in violation of the minimum wage, overtime and record-keeping provisions of the Fair Labor Standards Act (FLSA).

The St. Louis District Office of the Wage and Hour Division conducted the investigation. According to the investigation, the work force consisted of primarily low-wage Hispanic workers employed as servers and cooks.

According to Enrique Rodriquez district director for the St. Louis Wage and Hour office, “The workers were paid in cash at rates less than the federal minimum wage. The kitchen workers were paid a flat rate for all hours worked, which did not include the required overtime premium for hours worked in excess of 40 in a workweek. Generally, the employees worked more than 60 hours per week.”

Rodriquez said the restaurant signed a settlement agreement with the DOL and also paid back wages. Approximately $68,000 of the total was due from the minimum-wage-provision violations, and the remaining $27,000 involved unpaid overtime compensation.

The FLSA requires employees to be paid the federal minimum wage for all hours worked and time and one-half the regular rate of pay for hours worked over 40 in a week, unless the employee is exempt from overtime pay. Employers must also maintain accurate time and payroll records.

For more information about the FLSA, call the DOL’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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