U.S. Department of Labor Investigation Results in Kentucky Veterinary Clinic Paying Employee Back Wages and Damages for Failing to Accommodate Nursing Mother

News Release

U.S. Department of Labor Investigation Results in Kentucky Veterinary Clinic Paying Employee Back Wages and Damages for Failing to Accommodate Nursing Mother

FLORENCE, KY – After an investigation by the U.S. Department of Labor’s Wage and Hour Division (WHD), Pet Wellness Group PLLC – a veterinary medical clinic based in Florence, Kentucky – has paid $7,794 in back wages and liquidated damages to an employee for violating the nursing mothers’ provision of the Fair Labor Standards Act (FLSA).

WHD found Pet Wellness Group PLLC refused to allow an employee to take reasonable breaks to express breast milk for her newborn child. The FLSA provision states that employers must provide a reasonable break time to allow employees to express breast milk for a nursing child for up to one year after the child’s birth. In addition, employers must provide a location, other than a bathroom, shielded from view and free from intrusion from coworkers and the public for that purpose.

“The Wage and Hour Division enforces the Fair Labor Standards Act’s provision that protects a nursing mother’s right to express breast milk for her newborn children,” said Wage and Hour Division District Director Karen Garnett-Civils, in Louisville, Kentucky. “The law recognizes the unique needs of working mothers with newborn children and makes clear the accommodations that employers must make. Other employers should use the outcome of this investigation as an opportunity to review their own practices to ensure that they 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, 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.

Agency
Wage and Hour Division
Date
November 21, 2019
Release Number
19-1927-ATL
Media Contact: Eric R. Lucero
Phone Number
Media Contact: Michael D'Aquino
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U.S. Department of Labor Investigation Results in Judge Ordering New Jersey Farm to Pay $556,745 in Back Wages and Penalties

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U.S. Department of Labor Investigation Results in Judge Ordering New Jersey Farm to Pay $556,745 in Back Wages and Penalties

SWEDESBORO, NJ – After an investigation by the U.S. Department of Labor's Wage and Hour Division (WHD), a U.S. Department of Labor administrative law judge (ALJ) has ordered Sun Valley Orchards, LLC – a farm in Swedesboro, New Jersey – to pay $344,945 in back wages and $211,800 in civil money penalties. Sun Valley Orchards, LLC will pay the back wages to 147 farmworkers, including 96 temporary foreign workers on H-2A visas.

Specifically, the ALJ found that the employer violated the H-2A provisions of the Immigration and Nationality Act when they:

  • Failed to provide workers with sanitary housing, and transported workers from their housing to the fields each day using unlicensed drivers and unsafe vehicles;
  • Terminated more than 20 workers without cause, in the middle of the growing season. The employer then attempted to coerce those workers to waive their right to employment for the time commitment required by the H-2A regulations by directing them to sign false statements; and
  • Denied workers access to the company's kitchen to cook their own food, and instead charged workers for meals and drinks, at a profit, resulting in illegal deductions from workers' wages.

"Sun Valley Orchards failed to honor its legal obligations and took advantage of these employees," said Wage and Hour District Director Charlene Rachor, in Lawrenceville, New Jersey. "The Wage and Hour Division offers employers a wide range of tools to help them understand their responsibilities, and provides direct support in person, by phone, and online for anyone that has specific questions about how to comply."

"The outcome of this case goes a long way in making these employees whole, and puts other employers in the industry on notice that they must abide by their obligations under the H-2A program," said Regional Solicitor of Labor Jeffrey S. Rogoff, in New York.

The WHD's Southern New Jersey District Office investigated the case, and Jason Glick and Jacob Heyman-Kantor of the Department's Regional Solicitor's Office litigated it.

The Immigration and Nationality Act authorizes the lawful admission of temporary, nonimmigrant workers (H-2A workers) to perform agricultural labor or services of a temporary or seasonal nature. H-2A employers must provide housing at no cost to H-2A workers and to workers in corresponding employment who are not reasonably able to return to their residence within the same day. If the employer elects to secure rental (public) accommodations for such workers, the employer is required to pay all housing-related charges directly to the housing's management. In addition, employers are required to either provide each covered worker with three meals per day at no more than a Department-specified cost, or to furnish free and convenient cooking and kitchen facilities where workers can prepare their own meals. Employer-provided or secured housing must meet all applicable safety standards. For more information about the laws enforced by the WHD, call the Division's toll-free helpline at 866-4US-WAGE (487-9243). Information also is available at http://www.dol.gov/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
November 21, 2019
Release Number
19-2027-PHI
Media Contact: Leni Fortson
Media Contact: Joanna Hawkins
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U.S. Department of Labor Investigation Finds Florida Farm Labor Contractor Violated Guest Worker Visa Program Requirements

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U.S. Department of Labor Investigation Finds Florida Farm Labor Contractor Violated Guest Worker Visa Program Requirements

LAKE PLACID, FL – After an investigation by the U.S. Department of Labor’s Wage and Hour Division (WHD), Red Harvesting Inc. – a farm labor contractor based in Lake Placid, Florida – has paid $39,527 in wages to 119 employees for violating requirements of the H-2A visa program. The contractor also paid a $1,214 civil penalty, assessed by the Department.

WHD investigators determined that Red Harvesting Inc. failed to provide meals or kitchen facilities to employees, instead choosing to arrange for a caterer that the workers paid directly. In addition, Red Harvesting Inc. failed to meet safety and health requirements of the visa program by housing one employee at a hotel on mattresses laid on the floor despite a bed frame being available. WHD investigators also found Red Harvesting Inc. failed to meet transportation safety requirements when the reverse lights on one vehicle they used to transport workers failed to function.

“Agricultural employers that bring in temporary guest workers on H-2A visas are responsible for the required payment, housing and transportation of those individuals,” said Wage and Hour Division District Director Daniel White, in Jacksonville, Florida. “We will continue to safeguard American jobs, level the playing field for law-abiding employers, and ensure that workers are paid the wages that they legally earned. We offer a wealth of compliance information readily available to assist employers and farm labor contractors in understanding their obligations under the law. ”

For more information about the H-2A visa program 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/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
November 20, 2019
Release Number
19-1892-ATL
Media Contact: Michael D'Aquino
Media Contact: Eric R. Lucero
Phone Number
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U.S. Department of Labor Recovers $53,018 for Tampa Nursing Facility Employees after Investigation Reveals Overtime Violations

News Release

U.S. Department of Labor Recovers $53,018 for Tampa Nursing Facility Employees after Investigation Reveals Overtime Violations

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.

Agency
Wage and Hour Division
Date
November 20, 2019
Release Number
19-2015-ATL
Media Contact: Eric R. Lucero
Phone Number
Media Contact: Michael D'Aquino
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U.S. Department of Labor Investigation Results in Wyndham Hotel Franchisee Paying Back Wages, Damages, Penalties for Overtime Violations

News Release

U.S. Department of Labor Investigation Results in Wyndham Hotel Franchisee Paying Back Wages, Damages, Penalties for Overtime Violations

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.

Agency
Wage and Hour Division
Date
November 14, 2019
Release Number
19-1731-DAL
Media Contact: Juan Rodriguez
Media Contact: Chauntra Rideaux
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U.S. Department of Labor Investigation Results in Pipeline Contractor Paying $127,000 in Back Wages, Damages for Failing to Pay Overtime

News Release

U.S. Department of Labor Investigation Results in Pipeline Contractor Paying $127,000 in Back Wages, Damages for Failing to Pay Overtime

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.

Agency
Wage and Hour Division
Date
November 14, 2019
Release Number
19-1730-DAL
Media Contact: Juan Rodriguez
Media Contact: Chauntra Rideaux
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U.S. Department of Labor Investigation Results in North Texas Subway Restaurants Paying $39,572 in Back Wages, Damages and Penalties

News Release

U.S. Department of Labor Investigation Results in North Texas Subway Restaurants Paying $39,572 in Back Wages, Damages and Penalties

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.

Agency
Wage and Hour Division
Date
November 14, 2019
Release Number
19-1786-DAL
Media Contact: Juan Rodriguez
Media Contact: Chauntra Rideaux
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U.S. Department of Labor Investigation Results in Houston Restaurants Owner Paying $100,000 in Back Wages To Employees

News Release

U.S. Department of Labor Investigation Results in Houston Restaurants Owner Paying $100,000 in Back Wages To Employees

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.

###

Agency
Wage and Hour Division
Date
November 14, 2019
Release Number
19-1664-DAL
Media Contact: Juan Rodriguez
Media Contact: Chauntra Rideaux
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Two Orlando, Florida, Restaurants to Pay Wages After U.S. Department of Labor Uncovers Overtime Violations

News Release

Two Orlando, Florida, Restaurants to Pay Wages After U.S. Department of Labor Uncovers Overtime Violations

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.

Agency
Wage and Hour Division
Date
November 12, 2019
Release Number
19-1882-ATL
Media Contact: Eric R. Lucero
Phone Number
Media Contact: Michael D'Aquino
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U.S. Department of Labor Investigation Results in Injunction Against Illinois Restaurant for Repeated Violations of Federal Wage Laws

News Release

U.S. Department of Labor Investigation Results in Injunction Against Illinois Restaurant for Repeated Violations of Federal Wage Laws

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.

Agency
Wage and Hour Division
Date
November 12, 2019
Release Number
19-1857-CHI
Media Contact: Scott Allen
Phone Number
Media Contact: Rhonda Burke
Phone Number
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