The U.S. Department of Labor has recovered $172,392 for 21 workers following an investigation into wage practices at Chicanos Cocina Bar and Grill in Richmond, Virginia. The department's Wage and Hour Division found that the restaurant, operated by Chicanos Inc., failed to pay non-exempt kitchen salaried employees an overtime premium for hours worked over 40 in a workweek. Additionally, tipped employees were not compensated at the correct overtime premium rate.
The investigation revealed that Chicanos Inc. also did not maintain accurate records as required by federal regulations. As a result, the employer was found to have violated the Fair Labor Standards Act (FLSA), which mandates that most U.S. employees be paid at least the federal minimum wage for all hours worked and receive overtime pay at no less than time and one-half their regular rate for hours exceeding 40 in a workweek.
The recovery includes $86,196 in owed wages and an equal amount in liquidated damages.
"People employed in the restaurant industry are often low-wage workers who depend on every dollar earned, including overtime pay, to help support themselves and their families," said Wage and Hour District Director Roberto Melendez in Richmond, Virginia. "When employers violate the rights of workers to be paid their full earnings, the U.S. Department of Labor will act to recover the wages illegally withheld."
Employers are encouraged to visit the Department of Labor's website to learn how to properly record and pay employees for all hours worked. Resources available include “What Employers Should Know about Compensable Hours Worked under The Fair Labor Standards Act” and a restaurant compliance assistance toolkit.
Workers can use the Wage and Hour Division’s Workers Owed Wages search tool to check if they are owed back wages collected by the division. Both employers and workers can contact the division confidentially for assistance via its toll-free number, 1-866-4-US-WAGE (487-9243). The division offers support in more than 200 languages.
Further information about FLSA protections for restaurant workers is available on the Wage and Hour Division’s website. Additionally, both workers and employers can ensure accurate recording of hours worked by downloading the department’s Timesheet App available for Android and iOS devices in English or Spanish.
