TAMPA, FL – After an investigation by the U.S. Department of Labor’s Wage and Hour Division (WHD), Gandy SNF LLC – a nursing facility based in Tampa, Florida – has paid $53,018 in back wages to 105 employees for violating the overtime requirements of the Fair Labor Standards Act (FLSA).

WHD investigators that found Gandy SNF LLC – operating as Gandy Crossing Care Center – automatically deducted time from employees’ hours for meal breaks regardless of whether workers actually took those breaks. This practice resulted in violations when employees worked through their breaks, and went unpaid for that time.  

“Employers have an obligation to pay their employees for all the hours that they work,” said Wage and Hour Division District Director James Schmidt, in Tampa, Florida. “Other employers who automatically deduct time for meal breaks should use this investigation as an opportunity to evaluate their practices to make sure they are capturing all their employees’ hours and not committing the same violation that we found in this case. The U.S. Department of Labor is committed to ensuring that businesses that violate labor laws do not gain an unfair advantage over those that play by the rules.”

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/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.

LITTLE ROCK, AR – After an investigation by the U.S. Department of Labor’s Wage and Hour Division (WHD), LRWINS Hospitality LLC– doing business as Wingate by Wyndham and based in Little Rock, Arkansas – paid $12,060 in back wages and liquidated damages to 13 employees to resolve violations of the Fair Labor Standards Act (FLSA). WHD also assessed the employer $2,054 in civil money penalties.

An investigation of two Wingate locations operated by LRWINS Hospitality in Little Rock and North Little Rock, Arkansas, found the employer violated the overtime provisions of the FLSA when it paid overtime to employees after working 80 hours in a bi-weekly pay period, instead of after working 40 hours per workweek as required by the law. The employer also failed to combine the hours that employees worked at multiple locations in the same workweek when determining whether overtime was due, and failed to pay employees for travel time between locations. LRWINS Hospitality LLC also failed to keep an accurate record of all the hours that employees worked. LRWINS Hospitality LLC had been investigated by WHD in the past, yet remained out of compliance, prompting the civil penalty for the repeat nature of the current violations.

“The U.S. Department of Labor will continue to educate employers and enforce applicable laws to ensure employees are paid the wages they are due,” said Wage and Hour Division District Director Hanz Grünauer, in Little Rock, Arkansas. “The Department is committed to leveling the playing field for employers who abide by the law and should not find themselves at an economic disadvantage to those who do not.”

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, electronic toolkits, or in-person visits with local WHD staff.

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/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.

BORGER, TX – After an investigation by the U.S. Department of Labor’s Wage and Hour Division (WHD), Team Industrial Services Inc. – operating in Borger, Texas – has paid $127,000 in back wages and liquidated damages to 38 employees for violating the overtime requirements of the Fair Labor Standards Act (FLSA).

WHD found the Sugarland, Texas-based employer failed to pay employees for time they spent working before and after their scheduled shifts. Employees who reported to the firm’s location to pick up equipment prior to traveling to the actual worksite, and then returned that equipment at the end of the workday were not paid for that time. That unpaid work time resulted in overtime violations when it occurred in workweeks of 40 hours or greater. The employer’s failure to record that time resulted in recordkeeping violations.

“Employers must understand the law’s requirements for properly documenting the number of hours employees work,” said Wage and Hour Division District Director Evelyn Sanchez in Albuquerque, New Mexico. “These employees worked additional time in pre- and post-shift activities without pay. The U.S. Department of Labor will continue to ensure that employees are paid all the wages they have legally earned, and that employers have access to all the tools and information they need to comply with the law.”

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, electronic toolkits, or in-person visits with local WHD staff.

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/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.

DALLAS, TX – After an investigation by the U.S. Department of Labor’s Wage and Hour Division (WHD), Krunal Enterprise Inc. in Plano, Texas; Krunal Subs LLC in Richardson, Texas; and Krunal Foods LP in Plano, Texas – all with common ownership and doing business as Subway franchisees – have paid $18,151 in back wages and an equal amount in liquidated damages to 10 employees to resolve overtime violations of the Fair Labor Standards Act (FLSA).

WHD also collectively assessed all three locations with $3,270 in civil money penalties to settle violations of the FLSA’s child labor provisions.

WHD investigators found that the employers paid employees at their straight-time rates without regard to the number of hours that they worked. This practice resulted in violations when they worked more than 40 hours in a workweek but the employer failed to pay overtime. The Subway franchise operator also paid one employee only for 80 hours every pay period regardless of the number of hours actually worked, and employed 14- and 15-year-olds to work outside of the hours the law allows for such minors during the school year. Investigators also cited the employers for recordkeeping violations.

“The U.S. Department of Labor works diligently to ensure employers understand their obligations to pay their employees all the wages they have legally earned, and to comply with hours and occupational standards when employing minors,” said Wage and Hour Division District Director Jesus A. Valdez, in Dallas, Texas. “We encourage all employers to make use of the wide variety of information and tools we offer to help them operate in compliance, and to avoid violations like those found in this investigation.”

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.

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/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.

HOUSTON, TX – After an investigation by the U.S. Department of Labor’s Wage and Hour Division (WHD), the owner of a Houston-based enterprise that operates eight Tostada Regia restaurants in the Houston, Texas, area has paid $100,126 to 438 employees for violating the overtime and minimum wage requirements of the Fair Labor Standards Act (FLSA).

WHD investigators found that the employer violated minimum wage requirements when it charged servers for radios that they used to communicate within the restaurant, and for uniforms with the restaurant’s logo. These deductions resulted in employees’ pay dipping below the federal minimum wage of $7.25 per hour. Additional minimum wage violations resulted when the employer failed to pay workers for short rest breaks, which the law requires to be paid as work time. Overtime violations occurred when the employer calculated overtime based on servers’ direct hourly cash rates, which in some instances were as low as $2.13 per hour, instead of the full federal minimum wage.

“We will continue to ensure that employees are paid all the wages they have legally earned, particularly in restaurants and other low-wage industries,” said Wage and Hour Division District Director Robin Mallett in Houston, Texas. “The results of this investigation should encourage other employers to evaluate their pay practices to ensure that they are in compliance with the law. We encourage all employers to call us, confidentially, to speak with a trained Wage and Hour professional to get their 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, electronic toolkits, and in-person visits to local WHD staff.

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/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.

###

ORLANDO, FL – After an investigation by the U.S. Department of Labor's Wage and Hour Division (WHD), Chai BKK Inc. and Chai 99 Inc. – two Orlando, Florida-based restaurants owned by Hong Saeunong – will pay $27,000 in back wages to 17 employees for violating overtime requirements of the Fair Labor Standards Act (FLSA).

WHD investigators determined Chai BKK Inc. – operating as Chai Thai Cuisine – and Chai 99 Inc. paid a flat rate per shift to kitchen employees without regard to the number of hours that they worked. This practice resulted in overtime violations when those employees worked more than 40 hours in a workweek but the employer did not pay them overtime. The employer also paid overtime to tipped employees when they exceeded 80 hours in a bi-weekly period, instead of after 40 hours in one week, as the law requires. Investigators also found the restaurants paid the tipped employees an incorrect overtime rate, paying time and one-half workers' direct cash wages instead of basing overtime on the full federal minimum wage of $7.25 per hour. Additional violations resulted when the employer failed to combine the hours individual employees worked across both locations during the same workweek to determine when overtime was due.

"Employees deserve to be paid the wages they have legally earned, and law abiding employers deserve not to find themselves at an economic disadvantage to competitors who break the law," said Wage and Hour District Director Daniel White, in Jacksonville, Florida. "The Wage and Hour Division offers a wealth of information to assist employers in complying with federal laws. We encourage all employers to take advantage of these resources and to reach out to us directly with any questions."

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 WHD, 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/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.

EAST PEORIA, IL – After a U.S. Department of Labor Wage and Hour Division (WHD) investigation found violations of the Fair Labor Standards Act’s (FLSA) minimum wage and overtime requirements, a federal judge has issued an injunction against Tequila’s Mexican Bar and Grill – based in Peoria, Illinois – and its owner Hector Munoz and manager Javier Munoz for repeated violations of federal recordkeeping requirements.

U.S. District Court Judge Michael M. Mihm in the Central District of Illinois, Peoria Division, issued the injunction after WHD investigators found the employer failed to record and pay employees for all of the hours they worked. By doing so, the employer violated minimum wage laws when the unpaid time allowed employee’s pay rates to fall below the federal minimum wage of $7.25 per hour. Overtime violations occurred when the employer paid straight time instead of the required time-and-one-half for hours employees worked beyond 40 in a workweek. In this third investigation of this employer, WHD also found ongoing significant recordkeeping violations, which contributed to the minimum wage and overtime violations.

WHD determined the employer owes $27,155 in back wages to 20 employees.

“Employers must maintain accurate payroll records that clearly detail employee’s hours, pay rates, pay received, and the purpose of any deductions taken, and must pay their employees all the wages they have legally earned,” said Wage and Hour Division District Director Jim Yochim, in St. Louis, Missouri. “Other employers should use this case as a reminder to review their own pay and recordkeeping practices. We encourage employers to contact us for assistance in understanding their responsibilities so that they can avoid violations like those found in this case.”

The court ordered the employer to maintain payroll records, provide each employee a pay statement detailing payroll dates; hours worked and paid; earnings at both regular and overtime rates; gross amount paid; and all deductions. The restaurant must also maintain records of employee personal data and post federal FLSA posters – in both English and Spanish – in an area visible to employees.

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 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/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.

FUQUAY-VARINA, NC – After an investigation by the U.S. Department of Labor’s Wage and Hour Division (WHD), He’s Group Inc. – operating as King Chinese Buffet in Fuquay-Varina, North Carolina – will pay $45,077 in back wages and liquidated damages to eight employees for violating the minimum wage, overtime, and recordkeeping provisions of the Fair Labor Standards Act (FLSA).

WHD investigators found King Chinese Buffet paid kitchen staff flat salaries without regard to the number of hours that they actually worked. This practice led to minimum wage violations when those salaries failed to cover all of the hours they worked at the federal minimum wage of $7.25 per hour and overtime violations when the employer failed to pay these employees time and one-half when they worked more than 40 hours in a workweek. Investigators also found the employer allowed a wait staff employee to work for tips only, with no wages paid by the employer; made deductions from employees’ pay for recruitment and transportation fees that caused their pay to dip below minimum wage; and failed to maintain records of the number of hours worked by employees.

“Employers must pay workers the wages they have legally earned. These employees worked six days per week, often 12 hours per day,” said Wage and Hour Division District Director Richard Blaylock, in Raleigh, North Carolina. “The U.S. Department of Labor will continue to work to level the playing field so employers that follow the rules aren’t at an economic disadvantage to those that don’t. We encourage all employers to reach out to us for guidance, and to use the wide variety of tools we provide to help them 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, 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/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.

CHICAGO, IL – After investigations by the U.S. Department of Labor's Wage and Hour Division (WHD), it was determined that three Chicago-area companies – Maria V. Contracting, Prate Roofing & Installations LLC, and Red Line Management – violated the Child Labor Provisions of the Fair Labor Standards Act (FLSA). WHD has also assessed a total of $127,262 in civil money penalties against the companies under the Child Labor Enhanced Penalty Program (CLEPP) because three minors suffered substantial impairment during their unlawful employment.  

WHD opened the investigations after receiving referrals from the Department's Occupational Safety and Health Administration (OSHA) regarding injuries suffered by minors employed in positions that violate "Hazardous Occupation Orders," which prohibit specific jobs for workers under 18.

"The Child Labor Standards specifically prohibit minors from working with equipment and in jobs that expose them to hazards. In each of these cases, minor employees suffered serious injuries because they were assigned tasks – such as working on roofs, and operating forklifts or other dangerous machinery – that violate employment rules for minors," said Wage and Hour Division District Director Tom Gauza in Chicago, Illinois. "The U.S. Department of Labor's Wage and Hour Division is committed to ensuring minors and their parents are aware of the child labor rules and that employers comply. We encourage employment opportunities for minors, but they must be safe."

WHD assessed civil money penalties of $63,814 to Maria V. Contracting after investigators found a minor employed by the company suffered electrical shock and serious burns when he fell 25 feet from an excavator bucket while cutting power lines. He also sustained fractures to his right femur and patella bone. Investigators found the company violated Child Labor standards by allowing a minor to drive a company pick-up, work on roofs, conduct demolition tasks and work around power-driven hoisting apparatus.

WHD assessed Prate Roofing & Installations LLC with $16,742 in civil money penalties after the Wauconda, Illinois, employer allowed a 16-year-old worker to engage in roofing activities. Investigators found that, while working on a roof, he fell approximately 25 feet through a skylight onto a concrete floor. OSHA investigators determined the minor was not attached to safety cord or wearing a helmet. He suffered a burst fracture in his spine and a fracture dislocation of the ankle requiring emergency surgeries and several months of rehabilitation.

WHD assessed Red Line Management with $46,706 in civil money penalties after a 17-year-old employee suffered multiple injuries when he fell more than 6 feet while riding on top of a forklift to steady the load. The fall resulted in a chest contusion, fractured left arm, torn left rotator cuff and torn ligaments in both knees that required multiple surgeries and months of rehabilitation. Investigators found the minor was operating forklifts, a prohibited occupation for minors, about 75 percent of his time on the job.

The CLEPP provides for civil money assessments of $11,000 to $50,000 for each employee who was the subject of a violation of the child labor regulations and suffered permanent loss, permanent paralysis, or substantial impairment because of their employment.

For more information about the child labor standards, the FLSA, and other laws enforced by WHD, 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 https://www.dol.gov/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.

HATFIELD, PA – In a consent judgment filed in the U.S. District Court for the Eastern District of Pennsylvania, Via Marconi Pizza Pub Inc. – a bar and restaurant based in Hatfield, Pennsylvania – will pay $362,988 in back wages and liquidated damages to 25 employees for overtime violations of the Fair Labor Standards Act (FLSA) found by the U.S. Department of Labor's Wage and Hour Division (WHD). WHD also assessed a $21,398 civil monetary penalty due to the willful nature of the violations.

WHD investigators determined that – from July 2, 2016, to March 23, 2019 – Via Marconi Pizza Pub Inc. violated the FLSA when it failed to pay kitchen employees overtime when they worked more than 40 hours in a workweek. Instead, the employer continued to pay straight-time rates, sometimes in unrecorded cash, for overtime hours. The employer also failed to maintain required records of the number of hours employees worked.

"This employer failed to pay overtime to kitchen staff who regularly worked 46 to 73 hours per week. Our work ensures that employees are paid all the wages they have legally earned," said Wage and Hour District Director James Cain, in Philadelphia, Pennsylvania. "This case should remind other employers to evaluate their own practices to ensure they comply with the law. Violations and penalties like those in this case can be avoided."

In addition to paying the back wages, damages and penalty, the judgment prohibits Via Marconi Pizza Pub Inc. from future violations of any FLSA provisions.

"This legal action and consent judgment will help to ensure that these employees are paid at least the minimum wage and overtime, and that employers in the restaurant industry operate on a level playing field," said Philadelphia Regional Solicitor Oscar L. Hampton III.

WHD is committed to providing employers with the tools they need to assist them in fulfilling their obligation to understand and comply with the variety of laws the Division enforces. 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 federal wage laws, call the Division's toll-free helpline at 866-4US-WAGE (487-9243). Information also is available at http://www.dol.gov/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.