The U.S. Department of Labor has recovered $37,000 in owed wages and damages for 19 workers who were denied overtime by two Rio Grande Valley restaurants. The employers, Blanca Rosa Amezcua, operating as Taqueria Tepeque #1, and Taqueria Tepeque LLC, operating as Taqueria Tepeque #2, were found to have violated federal law.
Investigators from the Wage and Hour Division discovered that both establishments failed to pay cooks, servers, and non-exempt managers the required time-and-a-half rate for hours worked over 40 in a workweek. Additionally, the employers did not maintain federally required records.
In 2023 alone, the division identified more than $29 million owed to nearly 26,000 food service industry workers. As a response to this widespread issue, on January 10th, 2024, the department published a final rule effective March 11th, revising its guidance on how to determine whether someone is an employee or independent contractor under the Fair Labor Standards Act.
As a result of this investigation into Taqueria Tepeque #1 and #2, 19 employees received $37,329 in back wages and liquidated damages.
District Director Cynthia Cantu-Flores in McAllen, Texas stated: “Employers are legally responsible for accounting for and paying employees for all hours worked, including time-and-one-half pay for all hours over 40 in a workweek. Employers are responsible for knowing the law and abiding by it. The U.S. Labor Department offers many resources online to explain employers’ obligations and workers’ rights.”
