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Press Releases

U.S. Department of Labor
Wage and Hour Division
Release Number: 09-1544-PHI (wh 10-09)

Date: 

Jan. 21, 2010

Contact: 

Leni Fortson

Phone: 

215-861-5102

McDonald’s franchise owner pays more than $38,000 in back wages following US Labor Department investigation


PITTSBURGH -- Iftikhar Malik, sole owner of Shawn Malik Inc., has paid $38,609 in back wages to 34 employees after a U.S. Department of Labor investigation found violations of the Fair Labor Standards Act (FLSA) at his three McDonald’s restaurants located in or near the Pittsburgh International Airport.

“This company required employees to work at more than one restaurant location but failed to include all of the hours when determining wages, resulting in overtime violations,” said John DuMont, director of the department’s Wage and Hour Division’s Pittsburgh District Office. “Recovery of these back wages underscores how serious the department is about ensuring workers receive the wages to which they are entitled under federal law.”

The Wage and Hour Division’s investigation determined that the company paid employees straight time regardless of the number of hours worked and employed minors who worked in violation of the FLSA’s hours restrictions. The company also did not maintain proper records of hours worked.

Once the violations were explained, the company agreed to pay all back wages due and comply with the law in the future.

The FLSA requires that covered employees be paid at least the federal minimum wage as well as one and one-half times their regular rates of pay for hours worked over 40 per week. Earnings may be determined on a piece-rate, hourly, salary, commission or some other basis, but in all such cases the employee must receive the federal minimum wage for all hours worked. Additionally, the law requires that accurate records of employees’ wages, hours and other conditions of employment be maintained. The current federal minimum wage for covered, nonexempt employees is $7.25 per hour.

The FLSA’s child labor provisions restrict the number of hours persons under 16 years of age are allowed to work and the times during which they can be employed. Minors may not work more than three hours on school days, eight hours on nonschool days, 18 hours in school weeks or 40 hours during nonschool weeks. The regulations detail that 14- and 15-year-olds may work during non-school hours, but no later than 7 p.m. (9 p.m. from June 1 until Labor Day).

For more information about the FLSA’s requirements, call the Wage and Hour Division’s toll-free helpline at 866-4US-WAGE (487-9243) or visit http://www.dol.gov/whd. The division’s Pittsburgh office can be reached at 412-395-4996.

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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.