Wage and Hour Division (WHD)

Printer-Friendly Version

Press Releases

BOSTON -- The U.S. Department of Labor has sued a chain of five restaurants in the greater Boston area and their owner for alleged violations of federal overtime pay and record-keeping requirements under the Fair Labor Standards Act (FLSA).

Named in the suit, filed in the U.S. District Court for the District of Massachusetts, are Le, Inc.; Le and Pham, Inc.; Le Cafe, Inc.; Le and T, Inc.; Pho Pasteur, Inc. (all doing business as Pho Pasteur Restaurant), and owner/operator Duyen Le, of Weston, Mass. The chain has two locations in Boston and one each in Allston, Cambridge and Chestnut Hill.

Corey Surett, district director for the Labor Department's Wage and Hour Division in Boston, says that an investigation by his office revealed that low-wage employees in these establishments, especially members of the kitchen staffs, were required to work 60 to 70 hours per week without breaks. In addition, they were only paid straight time - in cash - for the hours over 40. The defendants also failed to maintain adequate accurate records of their employees' wages, hours and other conditions of employment according to the investigation findings.

The FLSA requires that employees be paid at least the applicable minimum wage; time and one-half their regular rate of pay for hours worked over 40 per week; and that accurate records be maintained of employees' wages, hours and other conditions of employment. The law also regulates the employment of young workers less than 18 years of age.

The Labor Department's lawsuit, filed on June 10, 2004, alleges that the violations have taken place since December 4, 2000, and asks the court for a judgment prohibiting the defendants from future violations of the FLSA. The complaint also asks the court to order the payment of all due back wages plus an equal amount in liquidated damages.

The Labor Department's Wage and Hour Division office in Boston investigated this case, and the lawsuit was filed by the Labor Department's Regional Solicitor's Office in Boston. For more information about the requirements of the FLSA, call the Department of Labor's toll-free help line at 1-866-4USWAGE (1-866-487-9243) or contact the Boston Wage and Hour office at 617-624-6700. Information is also available on the Internet at www.wagehour.dol.gov.

###

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.