The U.S. Department of Labor allegedly discovered in a recent investigation that Agave Mexican Restaurant and Bar, a popular Chef Octavio Diaz owned establishment in Healdsburg, California failed to pay three of its workers over $35,000 in overtime wages.
According to the Department's Wage and Hour Division, the workers were paid a fixed salary regardless of the extra hours they worked, which meant they were not compensated for their overtime as required by law. Additionally, one employee was paid less than the minimum wage after a payroll mistake, and the restaurant failed to keep all the necessary records, including dates of birth for employees under 16 years old.
To resolve the violations of the Fair Labor Standards Act, the Division recovered $71,454. This amount includes $35,727 in unpaid wages and the same amount in liquidated damages. In other words, the employer got hit with double the dollar amount of unpaid wages owed. Additionally, the Division assessed $11,212 in civil penalties for willful violations of labor laws.
(See Link(s): 29 U.S.C. Section 207)