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News Brief

Lawsuit seeks over $100K in back wages and damages for employees of Seoul Garden in Ann Arbor

US Labor Department alleges employer denied overtime to 17 workers

Type of Action: Fair Labor Standards Act Lawsuit Filing

Names of Defendants: Min & Kim Inc. d/b/a Seoul Garden of Ann Arbor, Kounwoo Hur, Sung Hee Kim

Complaint: The U.S. Department of Labor has filed a lawsuit in federal court to recover approximately $53,500 in back overtime wages and an equal, additional amount in liquidated damages for 17 employees.

An investigation by the department's Wage and Hour Division revealed that the company paid workers a flat amount of money per day, regardless of the number of hours they worked in a given day or week. When employees worked beyond forty hours in a workweek, they were not paid legally-required overtime. Some employees were paid in cash, and did not show up on payroll records.

Quote: "The Wage and Hour Division will not tolerate egregious violations such as those found in this case. Denying these hard-working employees their legally-required overtime pay hurts not only the workers and their families, but provides an unfair competitive edge over law-abiding employers," said Timolin Mitchell, district director for the Wage and Hour Division in Detroit. "This lawsuit demonstrates our commitment to ensuring that workers receive every penny they have rightfully earned. Other employees being paid in this manner should call the Wage and Hour Division."

Information: The FLSA requires that covered, nonexempt employees be paid at least the federal minimum wage of $7.25 per hour for all hours worked, plus time and one-half their regular hourly rates for hours worked beyond 40 per week. The FLSA provides that employers who violate the law are, as a general rule, liable to employees for their back wages and an equal amount in liquidated damages. Liquidated damages are paid directly to the affected employees. Additionally, the law requires employers to maintain accurate time and payroll records and prohibits retaliation against employees who exercise their rights under the law.

For more information about the FLSA and other federal wage laws, call the Wage and Hour Division's toll-free helpline at 866-4US-WAGE (487-9243). Information also is available at www.dol.gov/whd/fmla.

Court: U.S. District Court for the Eastern District of Michigan, Ann Arbor

Docket Number: 2:15-cv-14310

WHD News Brief: [12/15/2015]
Contact Name: Scott Allen or Rhonda Burke
Phone Number: (312) 353-6976
Email:
Allen.Scott@dol.gov or Burke.Rhonda@dol.gov
Release Number: 14-2295-CHI