Julie A. Su Secretary of Labor | Twitter Website
The U.S. Department of Labor has recovered $245,722 in back wages and damages for 10 cooks after uncovering deliberate violations by the owner and operator of four northern California restaurants. The employer, The Pho restaurants, and principal owner Thuan Do, knowingly denied the cooks required overtime and minimum wages, as reported by the department's Wage and Hour Division.
The investigation revealed that the employer had been paying the affected employees a flat salary for all hours, in violation of federal wage regulations. The employer also falsified payroll records and underreported hours worked by the employees to give the appearance of compliance with labor laws.
Wage and Hour Division District Director Cesar Avila in Sacramento emphasized the department's commitment to holding employers accountable, stating, "The U.S. Department of Labor is committed to holding employers accountable, especially when they deny employees all of their hard-earned wages deliberately." He also highlighted the consequences faced by The Pho and its owner for violating federal wage regulations, including $8,330 in civil money penalties assessed for willful violations.
The division's Sacramento District Office has been proactive in recovering back wages and damages for workers in the food service industry, having recovered over $2 million for 469 workers since fiscal year 2020. Additionally, $215,081 in penalties have been assessed to non-compliant employers.
Employers and workers are encouraged to utilize the resources provided by the Wage and Hour Division, including the Workers Owed Wages search tool and the agency's restaurant compliance assistance toolkit. The division also offers assistance in more than 200 languages through its toll-free number, 1-866-4-US-WAGE (487-9243).
By ensuring accurate hours worked and pay, both workers and employers can contribute to upholding labor laws and fair compensation practices.
