Pennsylvania Restaurant Pays $85,936 in Back Wages and Damages To Resolve Violations Found in U.S. Department of Labor Investigation
INDIANA, PA – An investigation by the U.S. Department of Labor's Wage and Hour Division (WHD) has resulted in Regency Fine Food and Drink LLC – doing business as Tres Amigos – paying $42,968 in back wages and an equal amount in liquidated damages to five employees to resolve violations of the overtime and recordkeeping requirements of the Fair Labor Standards Act (FLSA).
WHD investigators found that the Indiana restaurant violated the FLSA by failing to pay cooks and dishwashers time-and-one-half for their overtime hours when they worked more than 40 hours in a week. Instead, the employer paid these workers flat salaries, without regard to how many hours they actually worked. This practice also led to recordkeeping violations when the employer failed to record the number of hours worked by these employees.
"The employees at this establishment were denied the wages they rightfully earned," said John DuMont, Pittsburgh Wage and Hour Division District Office Director. "Just because a particular pay practice seems to be common in an industry does not mean that it's legal. The U.S. Department of Labor will continue working to ensure that employees receive the wages they have earned, and that law-abiding employers are able to compete on a level playing field. We offer many resources to provide employers the tools they need to understand their responsibilities and to comply with the law."
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 its toll-free helpline at 866-4US-WAGE (487-9243). 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.