Archive for April, 2011
The news continues to show that the workers that seem to most frequently get their wages stolen from them are restaurant workers. Frequently not getting paid minimum wage or overtime wages as required by the Fair Labor Standards Act (“FLSA”).
The owner of Ayara Thai Cuisine restaurant in must pay $162,201 in back wages to 35 employees for violating federal minimum wage, overtime and recordkeeping laws, officials said Monday.
Ayara Thai owner Ayut Asapahu paid his workers in cash at a flat rate for their hours worked. The rate was below minimum wage and without regard to overtime as required by the Fair Labor Standards Act, the U.S. Department of Labor said in a statement.
Investigators determined that the restaurant owner failed to keep records of employees’ hours and pay, but learned through an investigation that Asapahu paid his kitchen employees $80 to $110 for an 11- to 12-hour workday.
Other employees worked six- to 12-hour workdays, most receiving a daily rate of $45 to $50, authorities said.
The FLSA requires that covered employees be paid at least the federal minimum wage of $7.25 for all hours worked. They also must be paid time and one-half their regular rates of pay, including commissions, bonuses and incentive pay, for hours worked beyond 40 hours a week or eight hours a day.
Employers also must maintain accurate time and payroll records.
“Many restaurant workers in the Los Angeles area are subject to unacceptable wage practices and irregularities, and we are determined to make sure that they and other vulnerable employees are paid proper wages,” Kimchi Bui, director of the Los Angeles district office of the Labor Department’s
If you believe you are not getting paid properly by your employer, feel free to contact Scott M. Behren and the Behren Law Firm for a free consultation.
The Indian-American owner of two Indian restaurants in the Los Angeles area has been found violating the minimum wage act, following which the US Department of Labor has recovered USD 92,870 in back wages for 22 employees.
The two establishments owned and operated by Chandrakant Patel are Jay Bharat Foods Inc, doing business as Jay Bharat, and Standard Foods LLC, doing business as Standard Sweets and Snacks.
“It is against the law to not pay workers at least the minimum wage,” said Priscilla Garcia, the director of the Wage and Hour Division’s West Covina District Office.
The press release was issued in Hindi and English. Investigators found that employees of both restaurants were required to work an average of 55 hours a week and paid “straight time” wages, rather than time and one-half their regular rate of pay, for hours worked in excess of 40 per week, as required by the FLSA.
Additionally, accurate records of employees’ work hours and wages were not kept, in violation of Fair Labor Standards Act (FLSA) record-keeping provisions.
After conducting employee interviews and reviewing payroll records, investigators determined that Jay Bharat owed a total of USD 41,428 in minimum wage and overtime back wages to 12 employees and Standard Sweets and Snacks Restaurant owed USD 53,442 in minimum wage and overtime back wages to 10 employees.
Patel agreed to pay all back wages due to the affected employees and committed to maintaining future compliance with federal minimum wage, overtime and record-keeping requirements, the Department of Labor said.
The FLSA requires that covered employees be paid at least the federal minimum wage of USD 7.25 for all hours worked, plus time and one-half their regular rates of pay, including commissions, bonuses and incentive pay, for hours worked beyond 40 hours per week.
If you believe you are not being paid the overtime or regular pay you are owed, call Scott Behren and the Behren Law Firm for a free consultation about your rights under the FLSA.