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News Brief

Wally’s American Pub and Grille to pay $141K in overtime back wages and damages to 11 employees in Phoenix, Scottsdale

Employer: Wally’s American Pub and Grille, LLC, operating two restaurants in Arizona

Locations: 5029 North 44 Street, Phoenix
7704 East Double Tree Rach, Scottsdale

Investigation findings: An investigation by the U.S. Department of Labor’s Wage and Hour Division found Wally’s American Pub and Grilled violated the overtime requirements of the Fair Labor Standards Act. The employer failed to add together the hours worked by kitchen staff and servers working at both locations within the same week. As a result, employees did not receive overtime pay at time and a half their regular hourly rates for the hours they worked beyond 40 in a workweek. The restaurant also failed to pay workers for time spent traveling between locations.

Resolution: Wally’s will pay $70,772 in overtime back wages and an equal amount in damages to 11 employees. The employer will also pay a $2,805 civil penalty due to the willful nature of the violations.

Quote: “As this case illustrates, we will fight for the hardworking men and women in the restaurant industry, many of whom are deprived of their rights to receive the overtime premium the law requires and that they deserve,” said Eric Murray, director of the Wage and Hour Division in Phoenix. “We will continue to use every enforcement tool at our disposal to protect the rights of these vulnerable workers.”

Background: In fiscal years 2009-2015, the Wage and Hour Division uncovered labor law violations in 82 percent of its more than 19,000 investigations of full-service restaurants nationwide. The division takes a vigorous, strategic approach to enforcement, focusing on those industries, such as restaurants, where the evidence shows violation rates are high, and where we find vulnerable low-wage workers who are often reluctant to assert their rights and raise their voices.

Information: Employees who have filed complaints or provided information cannot be discriminated against or discharged on account of such activity. If adverse action is taken against an employee for engaging in protected activity, the affected employee or the Secretary of Labor may file suit for relief, including reinstatement to his/her job, payment of lost wages, and damages. For more information about federal wage laws administered by the Wage and Hour Division, or to file a complaint, call the agency’s toll-free helpline at 866-4US-WAGE (487-9243). All services are free and confidential. Information also is available at http://www.dol.gov/whd/.

Read this news release en españól.

Agency
Wage and Hour Division
Date
July 7, 2016
Release Number
16-1420-SAN
Contact: Leo Kay
Phone Number
Contact: Jose Carnevali