The U.S. Department of Labor (DOL) has imposed a fine of $447,952 on the operator of three Kern County grocery stores following a federal investigation that found the employer had intentionally withheld overtime wages. The investigation revealed that 60 workers were denied their rightful overtime pay for working beyond 40 hours a week.
According to a DOL news release, the owners of Fiesta Market and Mi Rancho Market in McFarland, along with Fiesta Market #2 in Lamont, failed to pay overtime to eligible employees. The department's Wage and Hour Division concluded that the employer did not comply with federal recordkeeping requirements, an act deemed illegal under the Fair Labor Standards Act. Consequently, DOL recovered $223,976 in unpaid overtime wages and an equivalent amount in liquidated damages. Additionally, it imposed $24,210 in civil money penalties due to the intentional nature of the employer's violations.
"The U.S. Department of Labor is committed to ensuring that all workers receive a fair day’s pay for a fair day’s work," said Cesar Avila, Wage and Hour Division District Director in Sacramento. He further added, "The division uses every tool at its disposal to protect workers’ rights and help employers understand their obligations and avoid violations. We invite anyone with questions to contact us for assistance."
The DOL news release also informs employees about the Wage and Hour Division’s Workers Owed Wages search tool which can be used to check if they are owed back wages collected by the division. It encourages both workers and employers to use the department’s Android and iOS Timesheet App available for free download in English or Spanish for accurate tracking of hours worked and pay received. Furthermore, the division offers a toll-free number (1-866-4-US-WAGE or 487-9243) accessible confidentially by employers and workers regardless of their background as they can communicate with callers in over 200 languages.
