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Wage and Hour Division (WHD)

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Archived News Release — Caution: Information may be out of date.

Press Releases

Date:  October 27, 2014

Contact:  Leo F. Kay or Jose A. Carnevali

Phone:  415-625-2630 or 415-625-2631

U.S. Department of Labor
Wage and Hour Division
Release Number: 14-1944-SAN (SF-73)



US Labor Department secures nearly $90,000 in unpaid overtime wages and damages for 12 restaurant employees in San Diego

SAN DIEGO -- The U.S. Department of Labor has secured $44,226 in overtime back wages and an additional $44,266 in damages for 12 Adalberto’s Mexican Food employees in San Diego.

An investigation by the department’s Wage and Hour Division in San Diego found that Adalberto’s Mexican Food failed to compensate employees at time and one-half their regular rates of pay for hours worked beyond 40 in a workweek. The employer paid straight time for overtime, and employees regularly worked six days per week, exceeding 40 hours.

“The back wages due in this restaurant represent the tip of the iceberg in an industry that employs a vast number of some of the lowest paid and most vulnerable workers,” said Rodolfo Cortez, the division’s district director in San Diego. “We will not allow employers to make a profit on the backs of those that serve our tables and prepare our meals.”

The Fair Labor Standards Act requires that covered employees be paid at least the minimum wage of $7.25 for all hours worked, plus time and one-half their regular rates, including commissions, bonuses and incentive pay, for hours worked beyond 40 per week. Employers also are required to maintain accurate time and payroll records. In addition, there are limitations on hours and hazardous equipment prohibitions for minors under the age of 18. The FLSA provides that employers that violate the law are, as a general rule, liable to employees for back wages and an equal amount in liquidated damages.

For additional information about the FLSA, call the Wage and Hour Division’s toll-free helpline at 866-4US-WAGE (487-9243). Information also is available at http://www.dol.gov/whd/.

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