An investigation by the U.S. Department of Labor’s Wage and Hour Division has led to the recovery of $48,914 in back wages and damages for 18 cooks at two Davenport, Iowa locations of El Compita Mexican Bar and Grill. The investigation revealed that the restaurant failed to pay overtime at time and one-half the hourly rate for hours worked over 40 in a workweek.
The investigators found that El Compita Mexican Bar and Grill wrongly classified cooks as salary exempt, thereby denying them overtime pay. Additionally, the restaurant did not maintain employee timecards as required by law and failed to post mandatory wage rights information.
“This restaurant’s practice of paying a set salary to cooks, regardless of hours worked, is a violation of the Fair Labor Standards Act, which requires most workers to be paid overtime for hours over 40 in a workweek,” explained Wage and Hour District Director Marietta Taylor in Des Moines, Iowa. “Recovering these wages allows us to put money back in the pockets of vulnerable workers, who may not know their rights under federal wage laws.”
The resolution involved El Compita Mexican Bar and Grill paying $24,457 in back wages and an equal amount in liquidated damages to the affected employees.
For more information about the Wage and Hour Division or to file an online complaint, individuals can visit their website. Confidential compliance assistance is available through the agency’s toll-free helpline at 866-4US-WAGE (487-9243). The agency also offers a Timesheet App for iOS and Android devices to help ensure accurate tracking of hours and pay.
