Wage and Hour Division (WHD)

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BOSTON -- Two Rhode Island residents and their chain of restaurants in that State have been sued by the U.S. Department of Labor for alleged violations of federal overtime pay and youth employment requirements under the Fair Labor Standards Act (FLSA).

Named in the suit are William S. Pinelli and Stephen P. Marra, both of Warwick, and: Post Office Cafe, Inc. of East Greenwich; The Grille on Main St., Inc. also of East Greenwich; Pinelli's North End, LLC of Providence; Pinelli's Cucina, Inc. of Slatersville; Quattro Italian Grille, Inc. of South Kingstown; and Pinelli's Gourmet Deli and Cafe of West Warwick. William Pinelli is an owner and officer of all six restaurants, while Stephen Marra is an owner and officer of five of the restaurants, excluding Pinelli's Gourmet Deli and Cafe.

According to Dianne Miller, district director for the Wage and Hour Division in Hartford, an investigation by her office revealed that employees in these establishments were found to have worked many hours of overtime (over 40 hours in a single work week), but were only paid straight time for the hours over 40. The investigation also found minors 14 and 15 years of age working more than 3 hours in days when school was in session, and required to work after 7:00 p.m. on school days, both in violation of federal youth employment regulations. Finally, these employers were found to have failed to maintain adequate and accurate records of their employees' wages, hours and other conditions of employment.

The Labor Department's lawsuit, filed in the U.S. District Court for Rhode Island on July 2, alleges that these violations have taken place since June 1, 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 and an equal amount in liquidated damages.

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 Wage and Hour Division office in Hartford, Conn., investigated the case, and the lawsuit was filed by Labor Department's Regional Solicitor's Office in Boston. For more information about the FLSA, call the Department of Labor's toll-free help line at 1-866-4USWAGE (1-866-487-9243) or contact the Hartford Wage and Hour Division office at 860-240-4160. Information is also available on the Internet at http://www.wagehour.dol.gov.

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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.