Wage and Hour Division (WHD)

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COLUMBUS, OH --

Restaurant workers at Tipper’s Seafood and Steakhouse, Put-in-Bay, Ohio, will receive a total of $119,289 in back wages from their employer as a result of a U.S. Department of Labor investigation into possible violations of the overtime provisions of the federal Fair Labor Standards Act (FLSA).

“Our action today and our new Overtime Security rules reflect our commitment to protecting overtime rights,” said Secretary of Labor Elaine L. Chao. “These employees were not receiving their rightful pay and we took action to restore $119,289 due to them. Overtime rights are further strengthened by our new Overtime Security rules, which increase pay protections for millions of workers by updating and clarifying the old regulations.”

The investigation by the department’s Wage and Hour Division found that the restaurant had incorrectly claimed that wait-staff employees were exempt from overtime under provisions for recreational or amusement establishments. As a result, 138 employees will receive back pay and the business has agreed to comply with the overtime pay provisions of the FLSA in the future.

The FLSA requires that employees be paid at least minimum wage and time and one-half their regular rate of pay for hours worked over 40 per week. The law also requires employers to maintain accurate records of employees’ wages, hours and other conditions of employment. The law also regulates the employment of young workers under age 18.

The Wage and Hour Division (WHD) recovered more than $212 million in back wages in fiscal year (FY) 2003, a 21 percent increase over the record setting amount of FY 2002. Average days to resolve a complaint decreased in FY 2003 from 129 days to 108 days. WHD assessed employers nearly $10 million in civil money penalties in FY 2003.

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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