News Release

U.S. Department of Labor Investigation Results in Los Angeles Business Owner Paying $58,695 to 27 Employees for Overtime Violations

LOS ANGELES, CA – Barbara Batiste – a desserts and catering business owner in Los Angeles, California – will pay $58,695 to 27 employees after a U.S. Department of Labor Wage and Hour Division (WHD) investigation found the employer violated the overtime requirements of the Fair Labor Standards Act (FLSA).

WHD investigators found Batiste – who owns B Sweet LLC, Big Boi Restaurant, and a storage facility - paid employees straight-time rates for all the hours that they worked, without regard to whether they exceeded 40 in a workweek. This practice resulted in overtime violations when the employer failed to pay overtime to those employees who worked more than 40 hours in a workweek. Batiste also violated the FLSA’s recordkeeping requirements by failing to maintain accurate payroll and time records for employees.

“Employees must receive all the wages they have legally earned,” said Wage and Hour District Director Kimchi Bui, in Los Angeles, California. “Employers must comply with the law, and should make use of the many tools that the Wage and Hour Division makes available to explain their obligations. Investigations like this ensure that employees get paid and that employers compete on a level playing field.”

The Department offers numerous resources to ensure employers have the tools they need to understand their responsibilities and to comply with federal law, such as online videos, confidential calls, or in-person visits to local WHD offices. In addition, WHD provides employers with compliance assistance resources related to overtime to help them comply with the FLSA.

For more information about the FLSA and other laws enforced by the Wage and Hour Division, contact the Division’s toll-free helpline at 866-4US-WAGE (487-9243). Employers who discover overtime or minimum wage violations may self-report and resolve those violations without litigation through the PAID program.  Information is also available at www.dol.gov/whd including a search tool to use if you think you may be owed back wages collected by WHD.

WHD’s mission is to promote and achieve compliance with labor standards to protect and enhance the welfare of the Nation's workforce. WHD enforces Federal minimum wage, overtime pay, recordkeeping, and child labor requirements of the Fair Labor Standards Act. WHD also enforces the Migrant and Seasonal Agricultural Worker Protection Act, the Employee Polygraph Protection Act, the Family and Medical Leave Act, wage garnishment provisions of the Consumer Credit Protection Act, and a number of employment standards and worker protections as provided in several immigration related statutes. Additionally, WHD administers and enforces the prevailing wage requirements of the Davis Bacon Act and the Service Contract Act and other statutes applicable to Federal contracts for construction and for the provision of goods and services.

Agency
Wage and Hour Division
Date
August 12, 2019
Release Number
19-1425-SAN
Contact: Leo Kay
Phone Number
Contact: Jose Carnevali
Phone Number
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