WILDER, KY – After an investigation by the U.S. Department of Labor’s Wage and Hour Division (WHD), Merkle Lawn Care Inc. – based in Wilder, Kentucky – has paid $20,502 in back wages to 42 employees for violating labor provisions of the H-2B visa program. The Department also assessed Merkle Lawn Care Inc. a civil penalty of $10,335.

WHD investigators found the landscaping contractor failed to disclose rent, vehicle insurance and uniform deductions in job advertisements. The employer charged employees rent on a weekly basis in excess of fair market value. In addition, Merkle Lawn Care charged its employees on a weekly basis for uniforms bearing the company’s name.

“Employers seeking H-2B workers must abide by all of the program’s requirements, including paying the workers as the law requires and not making illegal deductions from employees’ pay,” said Wage and Hour District Director Karen Garnett-Civils in Louisville, Kentucky. “The U.S. Department of Labor will continue to safeguard American jobs and level the playing field for law-abiding employers. We encourage employers to contact the Wage and Hour Division by phone, online or to attend any of our many virtual outreach events for assistance and to learn more about their responsibilities.”

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 and confidential calls to local WHD offices.

The H-2B nonimmigrant program permits employers to hire temporarily nonimmigrants to perform nonagricultural labor or services in the United States. The employment must be of a temporary nature for a limited period of time, such as a one-time occurrence, seasonal need, peak load need or intermittent need. 

For more information about the H-2B and other laws enforced by the Wage and Hour Division, contact the toll-free helpline at 866-4US-WAGE (487-9243). Information is also available at https://www.dol.gov/agencies/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.

The mission of the Department of Labor is to foster, promote and develop the welfare of the wage earners, job seekers and retirees of the United States; improve working conditions; advance opportunities for profitable employment; and assure work-related benefits and rights.

COLUMBIA, SC – After an investigation by the U.S. Department of Labor’s Wage and Hour Division (WHD), Colony Tire Corp. has paid $152,109 in back wages to 248 employees for overtime violations of the Fair Labor Standards Act (FLSA) at 25 establishments throughout the Carolinas and Virginia.

WHD investigators determined the automotive care and tire sales company, which operates as Colony Tire and Service in North Carolina, South Carolina and Virginia, failed to include mechanics’ and technicians’ commissions in their regular rates of pay when calculating their overtime rates. Excluding those amounts from the calculation resulted in the employer paying overtime at rates lower than those required by law. 

“Employers must base overtime payments on employees’ regular rates of pay, which can include earned bonuses or commissions. Paying overtime simply on workers’ base hourly rates denies them wages they have legally earned,” said Wage and Hour Division District Director Jamie Benefiel in Columbia, South Carolina. “We encourage employers to reach out to us with questions and to use the wide variety of tools we offer to ensure they clearly understand their responsibilities. We appreciate this employer’s cooperation in resolving these issues quickly.”

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 and confidential calls to local WHD offices.

For more information about the FLSA and other laws enforced by the Wage and Hour Division, contact the toll-free helpline at 866-4US-WAGE (487-9243). Employers that discover overtime or minimum wage violations may self-report and resolve those violations without litigation through the PAID program. Information is also available at https://www.dol.gov/agencies/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.

The mission of the Department of Labor is to foster, promote and develop the welfare of the wage earners, job seekers and retirees of the United States; improve working conditions; advance opportunities for profitable employment; and assure work-related benefits and rights.

PITTSBURGH, PA – After an investigation by the U.S. Department of Labor’s Wage and Hour Division (WHD), Jefferson Hills Area Ambulance Association – a private ambulance service operating as Southeast Regional EMS in Clairton and Elizabeth, Pennsylvania – has paid $35,492 in back wages to 12 first responder employees for violating overtime requirements of the Fair Labor Standards Act (FLSA).

WHD investigators found that the employer failed to comply with an FLSA provision that allows employers to deduct eight hours of sleep time for employees whose duties require 24-hour shifts, such as first responders, under certain conditions. Federal law allows an employee on duty for 24 hours or more to agree to allow the employer to exclude a scheduled eight-hour sleep period from their total of hours worked per shift. The exclusion applies only if the employer furnishes adequate sleeping facilities and prevents work responsibilities from interrupting the employee’s sleep period.  

In this case, when the employer failed to provide some employees a reasonable period of sleep – at least five hours – due to both the frequency and total time of interruptions, the conditions for the exclusion were not met. As a result, the employer was required to include the previously excluded eight-hour sleep period as work time.

Following the investigation, the employer paid eight employees at the Clairton location $25,545 and four employees at the Elizabeth location $9,947 in back wages.

“The Wage and Hour Division is committed to ensuring that employees receive the wages they have legally earned for all the hours they have worked – including legally required overtime,” said Wage and Hour Division District Director John DuMont in Pittsburgh, Pennsylvania. “The U.S. Department of Labor encourages all employers to reach out to us for information on how to comply with the law and avoid violations like those found in this case.”

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 and confidential calls to local WHD offices.

For more information about the FLSA and other laws enforced by the Wage and Hour Division, contact the 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 https://www.dol.gov/agencies/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 FLSA. 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.

The mission of the Department of Labor is to foster, promote and develop the welfare of the wage earners, job seekers and retirees of the United States; improve working conditions; advance opportunities for profitable employment; and assure work-related benefits and rights.

WASHINGTON, DC – The U.S. Department of Labor’s Wage and Hour Division (WHD) today announced additional guidance to provide information to workers and employers about protections and relief offered by the Families First Coronavirus Response Act (FFCRA). The FFCRA’s paid sick leave and expanded family and medical leave requirements will expire on Dec. 31, 2020. 

The new guidance, in the form of Frequently Asked Questions on the WHD website, addresses whether workers who did not use their leave entitlement under the FFCRA in 2020 may use such leave after Dec. 31, 2020. It also explains how WHD will maintain its enforcement authority over employers’ leave responsibilities while the FFCRA’s paid leave requirements were in effect, even after these leave entitlements have expired.

Additionally, the Consolidated Appropriations Act (CAA), 2021, extended employer tax credits for paid sick leave and expanded family and medical leave voluntarily provided to employees until March 31, 2021.  However, the CAA did not extend employees’ entitlement to FFCRA leave beyond Dec. 31, 2020, meaning employers will no longer be legally required to provide such leave.

“The Wage and Hour Division is attuned to the critical need for American workers and employers to understand this relief program as they deal with the effects of this crisis on the workplace,” said Wage and Hour Division Administrator Cheryl Stanton. “The guidance we issued today provides clarity around some of the novel issues that the FFCRA’s expiration raises. We remain committed to providing as many tools and as much information as possible to all parties.”

The FFCRA helps the U.S. combat and defeat the workplace effects of the coronavirus by giving tax credits to American businesses with fewer than 500 employees to provide employees with paid leave, either for certain of the employee’s own health needs or to care for family members, for certain reasons related to COVID-19. Please visit WHD’s “Quick Benefits Tips” for information about how much leave workers are qualified to use, and the wages employers were required to pay. By extending these tax credits to employers who voluntarily provide FFCRA leave, the CCA enables employers to provide paid leave, while at the same time ensuring that workers are not forced to choose between their paychecks and the public health measures needed to combat the virus.

WHD provides updated information on its website to ensure that workers and employers have the information they need about the benefits and protections of this law. The agency also provides information on common issues employers and employees face when responding to the coronavirus and its effects on wages and hours worked under the Fair Labor Standards Act and on job-protected leave under the Family and Medical Leave Act at https://www.dol.gov/agencies/whd/pandemic

For further information about the coronavirus, please visit the Centers for Disease Control and Prevention.

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 paid sick leave and expanded family and medical leave requirements of the Families First Coronavirus Response Act, 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. For more information about the laws enforced by WHD, call 866-4US-WAGE, or visit www.dol.gov/agencies/whd.

The mission of the Department of Labor is to foster, promote and develop the welfare of the wage earners, job seekers and retirees of the United States; improve working conditions; advance opportunities for profitable employment; and assure work-related benefits and rights.

TIPTON, IN – After an investigation by the U.S. Department of Labor’s Wage and Hour Division (WHD), the City of Tipton, Indiana, paid $91,924 in back wages to 15 firefighters for violations of the overtime requirements of the Fair Labor Standards Act (FLSA).

The WHD investigation found the City of Tipton failed to pay overtime to firefighters who worked more than 106 hours in their two-week pay period. 

The FLSA provides an exemption that allows employers to pay fire protection or law enforcement employees overtime on a “work period” basis, instead of a standard 7-day workweek, with a work period ranging from seven to 28 consecutive days. Fire protection personnel are due overtime after 106 hours worked during a 14-day work period. In this case, the City of Tipton failed to pay overtime when firefighters worked more than 106 hours. Additional information about FLSA requirements that apply to law enforcement and fire protection employees is available on WHD’s website.

“Employers must pay their employees all the wages they have legally earned and must understand the laws that apply to specific employment situations, such as those that govern pay for public safety employees,” said Wage and Hour Division District Director Patricia Lewis in Indianapolis, Indiana. “Employers should review their pay practices to ensure they comply with the law. We encourage employers to contact the Wage and Hour Division to better understand their responsibilities.”

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 and confidential calls to local WHD offices.

For more information about the FLSA and other laws enforced by the Wage and Hour Division, contact the 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 https://www.dol.gov/agencies/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 paid sick leave and expanded family and medical leave requirements of the Families First Coronavirus Response Act, 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.

The mission of the Department of Labor is to foster, promote and develop the welfare of the wage earners, job seekers and retirees of the United States; improve working conditions; advance opportunities for profitable employment; and assure work-related benefits and rights.

WASHINGTON, DC – The U.S. Department of Labor today announced two opinion letters that address compliance issues related to the Fair Labor Standards Act (FLSA). An opinion letter is an official, written opinion by the Department’s Wage and Hour Division (WHD) on how a particular law applies in specific circumstances presented by the person or entity that requested the letter.

The opinion letters issued today are:

• FLSA2020-19: Addressing whether certain travel time occurring on a partial telework day is compensable under the FLSA.

• FLSA2020-20: Addressing whether certain overtime payments based on an expected number of hours worked may be credited towards the amount of overtime pay owed under the FLSA and whether such overtime payments are excludable from the regular rate.

“The Wage and Hour Division remains committed to providing clear guidance and compliance assistance to workers and employers,” said Cheryl Stanton, Wage and Hour Division Administrator. “The opinion letters we issued today demonstrate that commitment and provide clarity to ensure workers are paid all the wages they have legally earned and employers compete on a level playing field.”

Those interested can search the WHD website for existing opinion letters by keyword, year, topic, and other filters. The Department also encourages the public to submit requests for opinion letters to WHD to obtain an opinion or to determine whether existing guidance already addresses their questions. The Division exercises its discretion in determining whether and how it will respond to each request.

With today’s release, WHD has now issued 71 opinion letters since Jan. 20, 2017.

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 FLSA. WHD also enforces the Migrant and Seasonal Agricultural Worker Protection Act, the Employee Polygraph Protection Act, the FMLA, 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.

The mission of the Department of Labor is to foster, promote, and develop the welfare of the wage earners, job seekers, and retirees of the United States; improve working conditions; advance opportunities for profitable employment; and assure work-related benefits and rights.

COLUMBUS, OH – After an investigation by the U.S. Department of Labor’s Wage and Hour Division (WHD), Chelsea Health Care LLC –has paid $81,399 in back wages to 45 employees for violating the Fair Labor Standards Act’s (FLSA) overtime requirements at its Columbus, Ohio, nursing home facility.

The employer violated the FLSA’s overtime wage requirements when it paid licensed practical nurses and health aides straight time plus an additional $1 for each hour they worked beyond 40 in a workweek, instead of the required time-and-one-half the normal rate of pay for overtime. WHD’s investigation found the employer’s payroll company advised them to implement this unlawful pay method as a cost-saving measure. The business came into compliance immediately upon advice of their legal counsel and through the WHD’s investigation. 

“Employers must educate themselves on labor laws,” said Wage and Hour District Director Marcy Boldman in Des Moines, Iowa. “Payroll companies are a resource for employers, but the pay practices implemented by the employer are ultimately their own responsibility. Covered employers must pay overtime at time-and-one-half employees’ regular rates. The Wage and Hour Division works to ensure employers comply with federal labor laws and employees receive all the wages they have legally earned. We encourage employers to contact us for guidance and use the wide variety of compliance assistance tools and information that we offer to them.”

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 and confidential calls to local WHD offices.

For more information about the FLSA and other laws enforced by the Wage and Hour Division, contact the toll-free helpline at 866-4US-WAGE (487-9243). Employers that discover overtime or minimum wage violations may self-report and resolve those violations without litigation through the PAID program. Information is also available at https://www.dol.gov/agencies/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 paid sick leave and expanded family and medical leave requirements of the Families First Coronavirus Response Act, 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.

The mission of the Department of Labor is to foster, promote and develop the welfare of the wage earners, job seekers and retirees of the United States; improve working conditions; advance opportunities for profitable employment; and assure work-related benefits and rights.

WASHINTON, DC – The U.S. Department of Labor’s Wage and Hour Division (WHD) today announced new guidance in its ongoing efforts to support the American workforce through the pandemic recovery. As employers continue to meet the challenges presented to their businesses by the coronavirus, and as telework arrangements and virtual communication increasingly provide solutions, the agency provides additional guidance to maximize the benefits of these arrangements for employers and workers alike.

Today’s guidance comes in the form of two new Field Assistance Bulletins (FABs):

• FAB 2020-7 addresses when, as a matter of enforcement policy, WHD will consider electronic posting by employers by email or an internet or intranet website to satisfy the employer’s requirement to provide employees with required notice of their statutory rights under a variety of federal labor laws.
• FAB 2020-8 addresses when WHD will consider telemedicine an “in-person” visit for the purposes of establishing a serious health condition qualifying for protection under the Family and Medical Leave Act (FMLA).

“The guidance issued today reflects our ongoing commitment to provide the workforce critical information about flexibilities that allow employers and employees to better navigate the uncharted waters brought on by the coronavirus’ effects on the workplace,” said Wage and Hour Division Administrator Cheryl Stanton. “These bulletins provide the workforce an opportunity to leverage the power of electronic communication while preserving the rights of all parties. WHD is proving that maintaining social distance need not distance workers nor employers from their rights, and that expanding flexibilities is key to the workforce’s continued recovery and growth as we emerge from this pandemic, and beyond.”

WHD continues to provide updated information on its website and through extensive outreach efforts to ensure that workers and employers have the information they need about the benefits and protections provided by the laws the agency enforces. WHD also provides additional information on common issues employers and employees face when responding to the coronavirus and its effects on wages and hours worked under the Fair Labor Standards Act (FLSA) and on job-protected leave under the FMLA  at https://www.dol.gov/agencies/whd/pandemic

For more information about the laws enforced by WHD, call 866-4US-WAGE, or visit www.dol.gov/agencies/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 FLSA. 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.

The mission of the Department of Labor is to foster, promote, and develop the welfare of the wage earners, job seekers, and retirees of the United States; improve working conditions; advance opportunities for profitable employment; and assure work-related benefits and rights.

WASHINGTON, DC – The U.S. Department of Labor today announced that its Wage and Hour Division (WHD) continued to break records in delivering outreach and education to workers and employers in fiscal year 2020.

For the third year in a row, the agency set a new record for its number of compliance assistance events, conducting more than 4,600 educational outreach presentations to help job creators understand their responsibilities under the law, and ensure workers understand their rights.

The majority of that outreach concerned the Families First Coronavirus Response Act (FFCRA). When the workforce needed information to implement the new paid leave benefits and protections available under FFCRA, WHD delivered. The agency’s unprecedented on-the-ground efforts included providing information at coronavirus testing sites, food banks and healthcare facilities.

The agency launched a national public awareness campaign with public service announcements (PSAs) on both television and radio, generating nearly 300 million gross impressions among viewers and listeners across the country. PSAs continue to provide information about the paid sick leave and expanded family and medical leave benefits available under the FFCRA.

During this time, WHD has remained committed to customer service and compliance assistance, receiving 45 million visits to its website after the passage of FFCRA and answering over 406,000 calls. WHD’s website saw more than six million visitors during one week of WHD’s coronavirus response, up from an average of 500,000 weekly views.

“These record-breaking numbers confirm our ongoing commitment to robust compliance assistance that provides employers the tools they need to comply with the law,” said U.S. Secretary of Labor Eugene Scalia. “I’m grateful for the hard work of each member of the Wage-Hour Division team.”

Outreach events coupled with record-breaking customer service efforts in FY 2020 reflect WHD’s commitment to ensuring protections for workers and assisting employers as they navigated the uncharted waters of the coronavirus effects on the workplace.

“Providing the information to help workers and employers secure and implement critically needed paid leave, and protecting jobs and income while workers quarantined are contributions of immeasurable value,” said Wage and Hour Division Administrator Cheryl Stanton. “Despite the unique circumstances of 2020, WHD steadfastly pursued its responsibility to faithfully inform the public and made exceptional contributions to workers’ well-being. However measured, vibrant educational efforts remain at the core of what WHD delivers.”

Visit https://www.dol.gov/agencies/whd for additional information about WHD’s work. Employers and employees are encouraged to contact WHD at 1-866-4US-WAGE with any compliance questions or for further information.

The mission of WHD 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 paid sick leave and expanded family and medical leave requirements of the Families First Coronavirus Response Act, 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 the provision of goods and services.

The mission of the Department of Labor is to foster, promote and develop the welfare of the wage earners, job seekers, and retirees of the United States; improve working conditions; advance opportunities for profitable employment; and assure work-related benefits and rights.

EVANSVILLE, IN – After an investigation by the U.S. Department of Labor’s Wage and Hour Division (WHD), Los Tequila Inc. – operator of Los Tres Caminos restaurant in Evansville, Indiana – will to pay $317,108 in minimum wage and overtime back wages to 21 employees for violations of the Fair Labor Standards Act (FLSA).

WHD investigators found that Los Tequila Inc. violated the FLSA’s minimum wage and overtime requirements by paying servers for only up to 40 hours per week, failing to pay them any wages at all for any hours they worked beyond that point. Servers typically worked more than 40 hours per week every workweek. Additional violations occurred when the employer paid kitchen workers flat weekly salaries regardless of the number of hours they worked. This practice resulted in violations when these employees worked more than 40 hours in a workweek but the employer failed to pay them overtime.

In addition to the back wages, the employer paid $18,291 in civil money penalties due to the repeat nature of the violations.

A 2008 investigation of the Los Tres Caminos Inc., operating as Los Tres Caminos Mexican Restaurant in Peru, Indiana, found violations identical to those in the current case. The owner of Los Tres Caminos in Evansville is the owner of the Peru restaurant and has ownership interest in eight additional Mexican-cuisine restaurants in Indiana and Illinois.

This investigation was part of WHD’s National Food Services Education and Enforcement Initiative focused on compliance in the food-services industry nationwide.

“Employers must ensure their employees receive all wages they are legally due, and they must not violate federal wage laws in an attempt to gain an unfair competitive advantage over those employers that abide by the law,” said Wage and Hour Division District Director Patricia Lewis in Indianapolis, Indiana. “Other employers in this industry should use the resolution of this case as an opportunity to review their own pay practices to ensure they comply with the law, and avoid costly violations like those in this case.”

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, and confidential calls to local WHD offices.

For more information about the FLSA and other laws enforced by the Wage and Hour Division, contact the 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 https://www.dol.gov/agencies/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 paid sick leave and expanded family and medical leave requirements of the Families First Coronavirus Response Act, 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.

The mission of the Department of Labor is to foster, promote and develop the welfare of the wage earners, job seekers and retirees of the United States; improve working conditions; advance opportunities for profitable employment; and assure work-related benefits and rights.

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