Wage and Hour Division (WHD)

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NEW YORK, NY -- Pollos A La Brasa Marion, a Woodside rotisserie chicken restaurant, has paid 12 employees a total of $32,784 in minimum wage and overtime back wages following an investigation by the U.S. Department of Labor into violations of the Fair Labor Standards Act (FLSA).

According to Philip Jacobson, New York City district director for the department’s Wage and Hour Division, the employer claimed to be unaware of the minimum wage and overtime requirements of the Fair Labor Standards Act (FLSA) and paid employees a flat daily rate regardless of the number of hours they worked.

Wage and Hour investigators found nine employees who were not paid the statutory minimum wage for all hours worked. A total of $15,543 in back wages was recovered for these workers. In addition, 12 employees were found to have not been paid time and one-half their regular rate of pay for working over 40 hours per week. Overtime back wages totaling $17,241 were recovered for these workers.

The FLSA requires that employees be paid at least the applicable minimum wage and time and one-half their regular rate of pay for hours worked over 40 per week. It also requires employers to keep accurate records of employees’ wages, hours and other conditions of employment. Pollo A La Brasa Marion also failed to maintain proper records.

“We are committed to ensuring that employees, especially low-wage workers as was the case here, are properly paid for all hours worked,” said Jacobson.

Once informed of the overtime and minimum wage violations, spanning the period from Sept. 7, 2002 to Sept. 7, 2004, management officials of the restaurant agreed to pay employees the back wages they were due and to come into full compliance with the FLSA in the future.

The investigation was conducted by the New York City District Office of the Labor Department’s Wage and Hour Division, which may be reached at 212-264-8185. Information on the requirements of the FLSA may be obtained by calling the department’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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