The U.S. Department of Labor's Wage and Hour Division discovered that Mi Casita Mexican Restaurant Inc., operating as El Lorito, in Fort Smith, Arkansas, unlawfully dismissed an employee for utilizing federally protected medical leave. The investigation concluded that the employer failed to reinstate the worker to a comparable position upon their return from leave and subsequently fired them for refusing to relocate to a different restaurant location in another town. As a result, the employer was required to compensate the former employee for lost hourly wages and tips totaling $11,706. Additionally, the operator faced civil penalties amounting to $204 for the violations.
Wage and Hour District Director Hanz Grünauer in Little Rock, Arkansas, emphasized the importance of employer compliance with the Family and Medical Leave Act, stating, "An employer’s compliance with the Family and Medical Leave Act is never optional. An employee eligible for this protected leave must be allowed to exercise their right to use it without fear of losing their job. The U.S. Department of Labor is committed to ensuring that employees’ rights are protected and will use all available remedies when violations are found."
