In a recent legal action, the U.S. Department of Labor (DOL) secured a significant consent judgment in a Virginia federal court, aimed at retrieving $205,180 in owed wages and liquidated damages from a restaurant. The establishment and its owner were found culpable for denying 62 employees their rightful overtime pay through deliberate underpayment. 

Asure’s HR experts help business owners comply with federal, state, and local employment laws. Learn how to protect your business here. 

Employees Denied Mandatory Overtime Compensation  

Following an investigation by the DOL’s Wage and Hour Division, it was revealed that the restaurant paid kitchen staff solely at straight-time rates for all hours worked, including those exceeding the 40-hour threshold in a workweek. This unlawful practice deprived employees of the mandatory overtime compensation mandated by the Fair Labor Standards Act (FLSA). Moreover, the employers failed to maintain accurate records of employees’ work hours and neglected to display federal minimum wage posters, further breaching employment law standards. 

Roberto Melendez, Wage and Hour Division District Director in Virginia, expressed dismay over the failure to compensate employees properly, emphasizing the significance of honoring overtime payments. Melendez highlighted the hardships faced by many restaurant workers, emphasizing the need for fair remuneration for every hour rendered. 

The Punishment 

The consent judgment, entered in the U.S. District Court for the Eastern District of Virginia in October of 2023, mandates the restaurant and its owner to disburse $102,590 in back wages, matched by an equivalent sum in liquidated damages. Additionally, a penalty of $50,034 in civil money penalties was imposed due to the intentional nature of the violations. The court order explicitly prohibits future FLSA violations by the establishment and its owner. 

Angela France, an attorney in the DOL’s Office of the Solicitor in Arlington, Virginia, reiterated the department’s steadfast commitment to retrieving rightfully earned wages for workers through legal means. France emphasized the message this case sends to restaurant employers, underscoring the costly consequences of flouting employment laws. 

The restaurant stands as a poignant example of the repercussions faced by businesses that fail to adhere to labor regulations. 

Conclusion 

This case serves as a stark reminder to Business owners regarding the stringent enforcement of labor laws. Compliance is not just a legal obligation but a moral responsibility towards employees’ fair compensation. Adhering to employment regulations is paramount, as violations lead not only to financial penalties but also to tarnish a business’s reputation and integrity. Businesses must prioritize adherence to labor laws to safeguard their employees’ rights and maintain lawful and ethical workplace practices. 

Asure’s HR experts help business owners comply with federal, state, and local employment laws. Learn how to protect your business here. 

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