Wage and Hour Division (WHD)
U.S. Department of Labor
COLLESVILLE, Texas -- The U.S. Department of Labor has filed a complaint against Mana & Associates LLC, doing business as Market Latina in Colleyville, for failing to pay $119,501 in overtime back wages to 101 kitchen and wait staff and hostesses as required by the Fair Labor Standards Act (FLSA).
The suit, naming Mana & Associates LLC and its owners, Reyna Isabel Melendez, Jose Lino Melendez and Alex Melendez, was filed in the Northern District of Texas, Fort Worth Division, following an investigation by the Labor Department’s Wage and Hour Division in Dallas. The investigation determined that the company had violated the FLSA by failing to properly pay employees overtime wages and to maintain required recordkeeping.
“Employees are entitled to receive the wages to which they are legally entitled,” said Cynthia Watson, regional administrator for the Wage and Hour Division in the Southwest. “In this case, employees were paid straight time for all hours worked, including those worked over 40 in a workweek. This practice is illegal.”
Mana & Associates owns and operates six restaurants in the Dallas/Fort Worth Metroplex, four of which were involved in the investigation – one in Fort Worth, Texas, and three restaurants in Irving, Texas.
The FLSA requires that covered employees be paid at least the federal minimum wage of $7.25 for all hours worked, plus time and one-half their regular rates of pay, including commissions, bonuses and incentive pay, for hours worked beyond 40 per week. It also requires that employers maintain adequate and accurate records of employees’ wages, hours and other conditions of employment.
The FLSA's youth employment provisions identify 17 hazardous orders that prohibit specific activities for workers under 18, one of which requires that employees be at least 18 years old to operate or assist in operating power-driven paper products machines such as scrap paper balers and paper box compactors. The law further states that individuals 14 and 15 years of age may not work more than three hours on school days, eight hours on nonschool days, 18 hours during school weeks or 40 hours during nonschool weeks. Also, 14- and 15-year-olds may work during nonschool hours but no later than 7 p.m. (9 p.m. from June 1 through Labor Day).
For more information about the FLSA, call the Department of Labor’s toll-free helpline at 866-4US-WAGE (487-9243) or contact the Wage and Hour Division’s Dallas District Office at 817-861-2150. Information is also available on the Internet at http://www.wagehour.dol.gov.
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