U.S. Department of Labor Issues Guidance on Child Labor; Paid Sick And Expanded Family and Medical Leave Amid School and Camp Closures

News Release

U.S. Department of Labor Issues Guidance on Child Labor; Paid Sick And Expanded Family and Medical Leave Amid School and Camp Closures

WASHINGTON, DC With school and summer activity schedules greatly altered as America continues to re-open in the wake of the coronavirus, the U.S. Department of Labor’s Wage and Hour Division (WHD) today issued two Field Assistance Bulletins to clarify issues relevant to the pandemic’s effects on the workplace.

The bulletins issued today specifically address the following:

  • The assessment of when schools that are physically closed for coronavirus related reasons are considered “in session” for purposes of federal child labor requirements, and
  • Paid sick or expanded family and medical leave eligibility under the Families First Coronavirus Response Act (FFCRA) based on the closure of summer camps, summer enrichment programs, or other summer programs.

“As workers and employers deal with the effects of the coronavirus pandemic in the workplace, the U.S. Department of Labor’s priorities include ensuring our response provides the support and information they need,” said Wage and Hour Division Administrator Cheryl Stanton. “The guidance provided to our field offices in these bulletins, which we are sharing publicly, clarifies some unique issues surrounding the reality of distance and virtual learning and the transition from school to summer child care. We will continue to provide guidance as new situations and issues arise.”

Field Assistance Bulletin 2020-3 clarifies how child labor laws under the Fair Labor Standards Act (FLSA) apply to the employment of children when schools are in session while physically closed due to the coronavirus pandemic. In general, school is in session if the local public school district requires students to participate in virtual or distance learning, even if schools in the district are physically closed.

Field Assistance Bulletin 2020-4 provides guidance on when an employee qualifies to take paid leave under the FFCRA to care for his or her child based on the closure of a summer camp, summer enrichment program or other summer program for coronavirus-related reasons.

The law enables employers to provide their workers with 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.  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 reimburse the costs of providing employees with paid leave for specified reasons related to the coronavirus. Please visit WHD’s “Quick Benefits Tips” for information about how much leave workers may qualify to use and the wages employers must pay.

For more information about the laws enforced by the 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 Fair Labor Standards Act. WHD also enforces the emergency 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.

Agency
Wage and Hour Division
Date
June 26, 2020
Release Number
20-1261-NAT
Media Contact: Grant Vaught
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Florida Stable Pays $65,807 in Wages, Penalties After Investigation By U.S. Department of Labor Finds H-2B Visa Program Violations

News Release

Florida Stable Pays $65,807 in Wages, Penalties After Investigation By U.S. Department of Labor Finds H-2B Visa Program Violations

OCALA, FL – After an investigation by the U.S. Department of Labor’s Wage and Hour Division (WHD), Eddie Woods Stables – a horse training center in Ocala, Florida – has paid $26,514 in wages to 42 employees for violating labor provisions of the H-2B visa program. The company also paid a $39,293 civil penalty that the department accessed.

Investigators determined that Eddie Woods Stables failed to apply the offered terms and conditions of the job to all employees equally, advertising a stable attendant position at 40 hours per week to American applicants when the employer, in fact, intended the selected employees to work 48 hours per week. In addition, the employer advertised the job to U.S. workers at the locally prevailing wage rate, as required, but paid the selected foreign workers at a higher rate. Advertising the job at a lower rate that would actually be paid could produce a chilling effect on the number of U.S. applicants.

Investigators also found the employer failed to reimburse H-2B workers for the cost of their transportation from their home countries to the worksite by the halfway point of the contract period, as required.

“The Wage and Hour Division is committed to safeguarding American jobs, leveling the playing field for law-abiding employers and protecting vulnerable workers from being paid less than they are legally owed,” said Wage and Hour Division District Director Wildalí De Jesús, in Orlando, Florida. “We encourage employers to reach out to us with questions, and to use the wide variety of tools we offer to help them 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, confidential calls, or in-person visits to local WHD offices.

For more information about the H-2B Visa Program and other laws enforced by WHD, contact the division’s toll-free helpline at 866-4US-WAGE (487-9243), or visit the division’s website, which offers a search tool to use if you think you may be owed back wages collected by the division.

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.

Agency
Wage and Hour Division
Date
June 25, 2020
Release Number
20-491-ATL
Media Contact: Eric R. Lucero
Phone Number
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Court Orders Hudson Valley, New York, Convenience Stores and Owners To Pay $400,301 After U.S. Department of Labor Investigation, Litigation

News Release

Court Orders Hudson Valley, New York, Convenience Stores and Owners To Pay $400,301 After U.S. Department of Labor Investigation, Litigation

NEW YORK, NY After an investigation by the U.S. Department of Labor’s Wage and Hour Division (WHD) and litigation by the Department’s Office of the Solicitor, the U.S. District Court for the Southern District of New York has entered a consent judgment requiring a group of commonly owned convenience stores in New York’s Hudson Valley and its owners to pay a total of $371,439 in back wages and liquidated damages to 45 current and former employees. The defendants must also pay $28,861 in civil money penalties.

WHD found that Broadway Mart Corp., LJR Singh Corp., B&J Singh Corp., Jessica 2558 Inc., Brenda 52 Food Mart Inc., and owners Bachan and Brenda Singh willfully violated the minimum wage, overtime and recordkeeping requirements of the Fair Labor Standards Act (FLSA).

Investigators found cashiers at the defendants’ stores routinely worked between 60 and 84 hours per week while the employer paid them straight-time rates for all of their hours, with no overtime when they worked more than  40 hours per workweek. The defendants violated the FLSA’s minimum wage requirements by failing to pay one employee wages for his last week of work. They also violated recordkeeping requirements by underreporting the number of hours worked by employees and falsely stating that they paid employees overtime.

In addition to paying the back wages and liquidated damages, the defendants have also agreed to install electronic time-keeping devices in each of defendants’ stores. In previous investigations, WHD found four of the five corporate defendants similarly violated FLSA overtime and recordkeeping violations, for which they paid about $196,000 in back wages.

“The U.S. Department of Labor’s Wage and Hour Division will investigate and, when it finds violations, hold employers accountable to ensure they pay workers the wages they have rightfully earned,” said Wage and Hour Division District Director Jay Rosenblum in Albany, New York. “We strongly encourage employers to contact us for information on how to comply and avoid costly violations.”

“Employers that underpay their employees put employers that obey the law at an economic disadvantage. The U.S. Department of Labor will pursue appropriate legal actions to ensure proper payment to employees and a fair and level playing field for employers,” said Regional Solicitor of Labor Jeffrey S. Rogoff in New York City.

The defendants’ stores are located in Newburgh, Fishkill, Middletown, New Windsor, Pine Bush and Wappingers Falls, New York.

WHD’s Albany District Office conducted the investigation. Attorney Allison L. Bowles of the regional Office of the Solicitor litigated the case.

For more information about the FLSA, and other laws enforced by WHD, contact the division’s 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, including a search tool to use if you think you may be owed back wages collected by the division.

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.

Scalia v. Broadway Mart Corp., LJR Singh Corp., B&J Singh Corp., Jessica 2558, Inc., Brenda 52 Food Mart, Inc., and Bachan and Brenda Singh

Civil Action Number:  20-cv-03237-NSR

 

 

Agency
Wage and Hour Division
Date
June 25, 2020
Release Number
20-9-NEW
Media Contact: Ted Fitzgerald
Media Contact: James C. Lally
Phone Number
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Austin Clean-up Company Pays $44,400 in Back Wages to Employees After a U.S. Department of Labor Investigation

News Release

Austin Clean-up Company Pays $44,400 in Back Wages to Employees After a U.S. Department of Labor Investigation

AUSTIN, TX – After an investigation by the U.S. Department of Labor’s Wage and Hour Division (WHD), The Steam Team Inc. – based in Austin, Texas – has paid $44,400 in back wages to 11 employees to resolve overtime violations of the Fair Labor Standards Act (FLSA).

Investigators found that the employer improperly classified 11 employees as independent contractors when they were, in fact, employees. As a result of the misclassification, the employer failed to pay those employees overtime when they worked more than 40 hours in a work week. WHD also cited the employer for FLSA recordkeeping violations and for failing to provide general notice to its employees about their rights under the Family Medical Leave Act (FMLA).

“Employers must ensure that they pay all of their employees all the wages they have earned,” said Wage and Hour Division District Director Nicole Sellers in Austin, Texas. “All employers need to familiarize themselves with federal wage laws to determine who is an employee and who is an independent contractor. We encourage anyone with questions to call us to speak with a trained Wage and Hour professional to get his or her questions answered.”

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.

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

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 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.

Agency
Wage and Hour Division
Date
June 24, 2020
Release Number
20-508-DAL
Media Contact: Juan Rodriguez
Media Contact: Chauntra Rideaux
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Oklahoma Barbecue Restaurants Operator Pays $55,372 in Back Wages To Employees After U.S. Department of Labor Investigation

News Release

Oklahoma Barbecue Restaurants Operator Pays $55,372 in Back Wages To Employees After U.S. Department of Labor Investigation

TULSA, OK – After an investigation by the U.S. Department of Labor’s Wage and Hour Division (WHD), the operator of Burn Co. Inc. – also known as Burn Co. Barbecue restaurants – has paid $55,372 in back wages to 22 employees to resolve violations of the minimum wage and overtime requirements of the Fair Labor Standards Act (FLSA) found at its Jenks and Tulsa, Oklahoma, locations.

WHD found that Burn Co. Inc. paid pitmasters, pit hands, cooks and dishwashers a flat amount of money per day regardless of the number of hours the employees worked. This practice resulted in violations when employees worked more than 40 hours in a week, but the employer failed to pay them overtime in addition to their day rates. The employer also violated FLSA recordkeeping requirements when it failed to keep accurate records of the numbers of hours employees worked.

“Employees must be paid all the wages they have legally earned,” said Wage and Hour Division District Director Michael Speer, in Oklahoma City, Oklahoma. “We encourage employers and workers to contact our office to learn more about their rights and responsibilities under federal wage laws.”  

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.

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

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 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.

Agency
Wage and Hour Division
Date
June 24, 2020
Release Number
20-543-DAL
Media Contact: Juan Rodriguez
Media Contact: Chauntra Rideaux
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Florida Restaurant Chain to Pay $314,553 in Back Wages After U.S. Department of Labor Finds Overtime, Tip Violations At Six Locations

News Release

Florida Restaurant Chain to Pay $314,553 in Back Wages After U.S. Department of Labor Finds Overtime, Tip Violations At Six Locations

DAVIE, FL After an investigation by the U.S. Department of Labor’s Wage and Hour Division (WHD), Pho 79 – a restaurant chain based in Davie, Florida – will pay $314,553 in back wages to 65 employees for violating overtime requirements of the Fair Labor Standards Act (FLSA).

WHD investigators determined Pho 79 paid cooks, dishwashers and kitchen helpers a flat daily rate or weekly salary regardless of the number of hours they worked. In doing so, the employer violated the FLSA when employees worked more than 40 hours in a workweek and the employer failed to pay them overtime. Pho 79 also illegally diverted all gratuities to the restaurant – failing to give employees any of the tips – and violating a provision of the FLSA that prohibits an employer from keeping employees’ tips. WHD also found Pho 79 failed to maintain an accurate record of the number of hours employees worked, to keep a record of employees’ contact information, and to display a FLSA minimum wage poster in each establishment, all required by law.

“Employers may not keep tips received by employees,” said Wage and Hour Division District Director Tony Pham, in Miami, Florida. “The Wage and Hour Division will continue working to ensure that workers receive all the wages they have legally earned, and that employers compete on a level playing field. We encourage all employers to reach out to us and to use the variety of tools we offer to ensure that their pay practices comply with federal labor laws.”

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.

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 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.

Agency
Wage and Hour Division
Date
June 24, 2020
Release Number
20-434-ATL
Media Contact: Eric R. Lucero
Phone Number
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U.S. Department of Labor Recovers Back Wages For Property Managers, Maintenance Workers in Oklahoma City

News Release

U.S. Department of Labor Recovers Back Wages For Property Managers, Maintenance Workers in Oklahoma City

OKLAHOMA CITY, OK – After an investigation by the U.S. Department of Labor’s Wage and Hour Division (WHD), Carland Properties LLC – based in Oklahoma City, Oklahoma – has paid $23,066 in overtime back wages to four property managers and maintenance workers to resolve violations of the overtime provisions of the Fair Labor Standards Act (FLSA).

Investigators found the employer paid the employees flat salaries regardless of the number of hours they worked per workweek. This practice resulted in violations when they worked more than 40 hours in a workweek but the employer failed to pay them overtime. The employees did not meet the requirements for exemption from the FLSA’s overtime requirements. Carland Properties LLC also violated FLSA recordkeeping requirements when they failed to keep required records of the number of hours employees actually worked. The FLSA requires that most employees in the U.S. be paid at least the federal minimum wage for all hours worked and overtime pay at not less than time-and-one-half the regular rate of pay for all hours worked over 40 hours in a workweek.

“Simply giving employees a certain job title or paying them a salary does not necessarily mean they are not entitled to overtime,” said Wage and Hour Division District Director Michael Speer in Oklahoma City, Oklahoma. “This investigation should serve as an opportunity for other employers to examine their payroll practices to ensure they are in compliance. We encourage employers to contact us with any questions about their responsibilities under federal labor laws.”  

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, or confidential calls to local WHD offices.

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

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 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 McNamara-O'Hara 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.

Agency
Wage and Hour Division
Date
June 24, 2020
Release Number
20-271-DAL
Media Contact: Juan Rodriguez
Media Contact: Chauntra Rideaux
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U.S. Department of Labor Signs Agreement with Wisconsin Department Of Workforce Development, Boosts Effectiveness of Both Agencies

News Release

U.S. Department of Labor Signs Agreement with Wisconsin Department Of Workforce Development, Boosts Effectiveness of Both Agencies

MINNEAPOLIS, MN – The U.S. Department of Labor’s Wage and Hour Division (WHD) has signed a Memorandum of Understanding with the Equal Rights Division of the Wisconsin Department of Workforce Development.

The three-year agreement paves the way for the two agencies to work together more easily and to communicate more efficiently and effectively, providing an opportunity for the agencies to conduct joint investigations, conduct joint outreach, share training materials and other information as appropriate. WHD’s District Office in Minneapolis, Minnesota, signed the agreement. The office serves Minnesota and Wisconsin.

“The U.S. Department of Labor and the Wisconsin Department of Workforce Development are committed to working together proactively to provide compliance assistance and worker rights information to Wisconsin’s employers,” said Wage and Hour Regional Administrator Michael Lazzeri in Chicago, Illinois.This agreement will help to promote greater engagement and dialogue with employers and employees in Wisconsin and ensure workers’ rights are protected, while maximizing the efficiency of the work of both agencies.”

For more information about laws enforced by WHD, contact the division’s 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.

# # #

Agency
Wage and Hour Division
Date
June 24, 2020
Release Number
20-1239-CHI
Media Contact: Scott Allen
Phone Number
Media Contact: Rhonda Burke
Phone Number
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U.S. Department of Labor Investigation Results in Rhode Island Restaurant Paying $775,000 in Back Wages, Damages and Penalties

News Release

U.S. Department of Labor Investigation Results in Rhode Island Restaurant Paying $775,000 in Back Wages, Damages and Penalties

PROVIDENCE, RI – After a U.S. Department of Labor investigation, the U.S. District Court for the District of Rhode Island has entered a consent judgment and order requiring Los Andes Restaurant and its owners to pay $729,895 in back wages and liquidated damages to 128 employees to resolve overtime violations of the Fair Labor Standards Act (FLSA). They will also pay a civil money penalty of $45,104.

An investigation by the Department’s Wage and Hour Division (WHD) found that the restaurant – based in Providence, Rhode Island – and owners Omar Curi and Cesin Curi failed to pay overtime to cooks, food preparation workers, wait staff and bartenders when they worked more than 40 hours in a workweek. The defendants instead made unrecorded cash payments to the employees at straight-time rates for the overtime hours and failed to maintain required records of employees’ wages and work hours.

In addition to the payment of the wages, damages and a civil money penalty, the consent judgment enjoins the defendants from future FLSA violations and prohibits them from withholding the back wages from the affected employees.

“The U.S. Department of Labor provides numerous tools to help employers understand their responsibilities and comply with the law, and we encourage employers and employees alike to contact the Wage and Hour Division for assistance,” said Wage and Hour Assistant District Director Donald Epifano in Providence, Rhode Island. “Through this period of nationwide challenge, we remain committed to providing employers the tools they need to avoid costly violations like those found in this investigation. We invite employees and employers to contact us confidentially toll-free at 1-866-4-USWAGE.”

“The U.S. Department of Labor will continue to take appropriate legal action to ensure that workers are paid the wages they have earned and to level the economic playing field for law-abiding employers,” said New England Regional Solicitor Maia Fisher in Boston, Massachusetts.

Read the complaint and consent judgment.

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, 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.

Scalia v. Los Andes, LLC, doing business as Los Andes Restaurant, Omar Curi, and Cesin Curi

Civil Action No.: 20-cv-00073-MSM-PAS   

Agency
Wage and Hour Division
Date
June 23, 2020
Release Number
20-316-BOS
Media Contact: Ted Fitzgerald
Media Contact: James C. Lally
Phone Number
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U.S. Department Of Labor Announces Online Tool to Help Workers Determine Eligibility for Paid Sick Leave Due to Coronavirus

News Release

U.S. Department Of Labor Announces Online Tool to Help Workers Determine Eligibility for Paid Sick Leave Due to Coronavirus

WASHINGTON, DC – The U.S. Department of Labor today launched an interactive online tool to help workers determine if they qualify for paid sick leave or extended family and medical leave to cover time away from work for reasons related to the coronavirus.

The tool guides workers through a series of questions to help them determine if the paid leave provisions of the Families First Coronavirus Response Act (FFCRA) apply to their employer. If the provisions do apply, the tool helps them learn whether they qualify for either paid sick leave or extended family and medical leave under that law.

The FFCRA requires certain employers to provide employees with up to two weeks of paid sick leave if they are unable to work or telework due to a federal, state or local quarantine or stay-at-home order. Employees are also eligible if a healthcare provider has advised them to self-quarantine for reasons related to the coronavirus or are seeking diagnosis for coronavirus symptoms. Paid sick leave may also be available to workers caring for someone subject to a quarantine order or self-quarantining based on a healthcare provider’s advice, or caring for a child whose school, place of care or child care provider is closed or unavailable due to the coronavirus. Up to 10 additional weeks of expanded family and medical leave is available for workers forced to miss work to care for their children because the pandemic has closed or made unavailable their school, place of care or child care provider.

“This new tool makes it simple for workers to find out if they may be eligible for paid sick leave or extended family and medical leave under the critical protections of the Families First Coronavirus Response Act,” said Wage and Hour Division Administrator Cheryl Stanton. “As America reopens, this leave provides a crucial lifeline for millions of workers who need time off to care for themselves or their families. We want to ensure that everyone who is eligible knows about these protections and how to use them.”

The FFCRA helps the U.S. combat the workplace effects of the coronavirus by giving tax credits to American businesses with fewer than 500 employees to reimburse them for the cost of providing paid sick leave and expanded family and medical leave as required by the law. Please visit WHD’s “Quick Benefits Tips” for information about how much leave workers may qualify to use and the wages employers must pay. The law enables employers to provide their workers with 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 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 of this new law. The agency 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 and on job-protected leave under the Family and Medical Leave Act at https://www.dol.gov/agencies/whd/pandemic.

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

WHD developed the plain-language tool in partnership with the Office of Compliance Initiatives (OCI). OCI is a cross-agency effort that complements the Department’s enforcement activities by strengthening and innovating compliance assistance outreach to provide workers and employers with access to information about their rights and responsibilities. Through Worker.gov and Employer.gov, OCI provides information about worker rights and employer responsibilities.

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.

Agency
Wage and Hour Division
Date
June 23, 2020
Release Number
20-1249-NAT
Media Contact: Department of Labor National Contact Center
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