3 Amigos Fresh Mexican Grill paying nearly $104K in back wages and damages to 33 workers following U.S. Labor Department investigation

Employer: Leonardo M. Rodriguez, doing business as 3 Amigos Fresh Mexican Grill

Sites: Three Los Angeles-area locations: 365 E. Avenida de los Arboles, Thousand Oaks; 20040 Ventura Boulevard, Woodland Hills; and 139 N. Reino Rd., Newbury Park.

Investigation findings: 3 Amigos Fresh Mexican Grill failed to pay employees time and one-half their hourly rates of pay for hours worked beyond 40 in a work week, in violation of the overtime requirements under the Fair Labor Standards Act. The employer compensated hourly-paid workers, including cooks, assistant managers, and kitchen managers only their straight time rates, regardless of how many hours they worked.

Resolution: The restaurant employer agreed to comply with the FLSA and is paying $51,806 in overtime back wages plus an equal, additional amount in liquidated damages, totaling $103,613 to 33 workers.

Quote: "Restoring these earned wages will make a meaningful difference in the quality of life for these workers and their families," said Kimchi Bui, director of the Wage and Hour Division's district office in Los Angeles. "Other employers should take note of this investigation, and ensure that they are in compliance with the law. As the back wages and damages paid in this case illustrate, we are committed to ensuring that workers receive every penny they have rightfully earned. Other employees being paid in this manner should give us a call. Our services are free, and confidential."

Information: The FLSA provides an exemption from both minimum wage and overtime pay requirements for individuals employed in bona fide executive, administrative, professional and outside sales positions, as well as certain computer employees. To qualify for exemption, employees generally must meet certain tests regarding their job duties and be paid on a salary basis at not less than $455 per week. On June 30, 2015, the Wage and Hour Division announced a Notice of Proposed Rulemaking to update the regulations defining which white collar workers are eligible to receive pay for hours worked over 40 in a workweek. For more information, please visit www.dol.gov/whd/overtime/NPRM2015.

The FLSA requires that covered, nonexempt employees be paid at least the federal minimum wage of $7.25 per hour, as well as time and one-half their regular rates for every hour they work beyond 40 per week. The law also requires employers to maintain accurate records of employees' wages, hours and other conditions of employment, and prohibits employers from retaliating against employees who exercise their rights under the law. For more information about federal wage laws administered by the Wage and Hour Division, call the agency's toll-free helpline at 866-4US-WAGE (487-9243) or the Los Angeles office at 213-894-6375.Information also is available at http://www.dol.gov/whd.

• Read this news release in Spanish.