The U.S. Department of Labor has recovered $107,300 in back wages for 27 employees at Pearl of Siam, a Thai restaurant in Aurora, Colorado. The recovery follows an investigation by the department’s Wage and Hour Division, which found that Kaimook Inc., operating as Pearl of Siam, failed to pay proper overtime and kept some workers’ tips.
According to the department, the employer violated the Fair Labor Standards Act (FLSA) by calculating overtime incorrectly based on pay periods instead of individual 40-hour workweeks. The FLSA requires that most employees be paid at least the federal minimum wage for all hours worked and receive overtime pay at one-and-one-half times their regular rate for hours over 40 in a workweek. The law also prohibits employers from keeping any portion of employees’ tips.
“No employee should be denied overtime pay or have employers take portions of their hard-earned tips,” said Wage and Hour Division District Director David Skinner in Denver. “The Fair Labor Standards Act mandates premium pay for overtime hours worked by non-exempt employees, and prohibits employers, managers, and supervisors from keeping any portion of other employees’ tips for themselves for any purpose.”
Workers and employers seeking information about wage laws or who believe they may be owed back wages can use the Wage and Hour Division’s online search tool or call its toll-free helpline at 866-4US-WAGE (487-9243). The agency also offers a free Timesheet App for iOS and Android devices to help track hours worked and ensure accurate pay.
