Wage and Hour Division (WHD)
U.S. Department of Labor
PHILADELPHIA -- King’s Garden 1 Chinese Restaurant Inc. has agreed to pay $30,795.61 in back wages to seven Chinese-speaking workers after a U.S. Department of Labor Wage and Hour Division investigation identified violations of the Fair Labor Standards Act (FLSA) at the company’s establishment in the Germantown section of Philadelphia.
The investigation, conducted by a Chinese-speaking investigator, found that the company did not pay employees at least the federal minimum wage and paid them straight time for hours worked in excess of 40 per week. It also did not record and maintain proper time records.
“Employers must fully comply with the law by fairly compensating workers regardless of the workers’ immigration status,” said Stewart Bostic, director of the Wage and Hour Division’s Philadelphia District Office.
The restaurant opened in November 1998 and employs approximately nine employees.
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.
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 Philadelphia office can be reached at 215-597-4950.
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