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Another DOL Investigation Brings Restaurant Employees $275K in Overtime Back Wages

July 18, 2011

Our Carson labor and employment lawyers blog recently discussed a wage and hour settlement involving 63 Houston-area restaurant workers, who will receive nearly $250,000 after the U.S. Department of Labor found that their employer had violated federal wage and hour laws, including minimum wage, overtime payment and failure to maintain proper records.

In a similar Houston-area DOL wage and hour investigation, the department found that three Taconmadre Mariachi & Grill restaurants violated federal wage and hour laws by engaging in employee misclassification. The employer reportedly classified employees incorrectly as exempt from the Fair Labor Standards Act (FLSA) and paid them salaries that were less than the federal minimum wage, along with failing to compensate them for overtime. The company also reportedly took deductions out of the employees' paychecks for lost items and employee uniforms, and failed to maintain proper time and pay records.

According to the DOL, the low-wage restaurant workers were taken advantage of by the employers, many of whom worked up to 91 hours in a single workweek without receiving any overtime compensation--a violation of FLSA requirements.

Under federal wage and hour laws, all covered employees are required to receive at least $7.25 per hour, the federal minimum wage, plus an overtime compensation of time and one-half the worker's regular pay for any hours worked above and beyond the forty hour work week. This includes bonuses, commissions and any incentive pay.

Taconmadre Mariachi & Grill will reportedly pay 72 restaurant workers over $275,000 in overtime back wages and minimum wage pay, as required by the DOL. By cooperating with the DOL, the employer also agreed to comply with the federal FLSA law requirements in the future.

If you or someone you know in cities throughout Orange County, California have experienced violations of the Fair Labor Standards Act, as well as California Labor Codes, contact our employment attorneys at Howard Law, PC today for a free consultation about your labor and employment rights.

72 Houston restaurant workers to receive more than $275,000 in minimum and overtime back wages following US Department of Labor investigation, U.S. Department of Labor Press Release, June 27, 2011

Related Web Resources:

U.S. Department of Labor: Wage and Hour Division (WHD), Fair Labor Standards Act (FLSA)

Related Blog Posts:

Taqueria Restaurant to Pay Workers Nearly $250K in Overtime Back Pay and Minimum Wages, California Employment Lawyers Blog, June 15, 2011

Mexican Restaurants To Pay Over $1M in Back Wages and Overtime, California Employment Lawyers Blog, June 1, 2011

Class Action Wage and Hour Lawsuit Accuses Global Insurance Company of FLSA Violations, California Employment Lawyers Blog, May 30, 2011

Feds Crack Down on Wage and Hour Violations in NY Restaurants, California Employment Lawyers Blog, April 15, 2011

DOL Wage and Hour Division Audits for Low Wage Industry Violations, California Employment Lawyers Blog, July 20, 2010

New Study Reveals More Abuse of Low-wage Workers in Los Angeles, California Employment Lawyers Blog, January 11, 2010