the more you steal [View all]

the better the chance you get away with it. Not even the owners name appears in the story.


Feds: San Jose restaurant servers made less than $2.13 per hour


San Jose Restaurante Mexicano, located on Sparkleberry Lane in Columbia, has agreed to pay 11 employees $170,666 in back wages following an investigation by the U.S. Department of Labor's Wage and Hour Division, which found violations of the Fair Labor Standards Act's overtime, minimum wage and record-keeping provisions.

The FLSA violations resulted from the employer's failure to properly compensate employees for all work hours, according to investigators. By reviewing payroll records and conducting employee interviews, investigators determined that tip-earning employees, such as servers, were made to rely primarily on tips for pay, and consequently earned wages that fell below $2.13 per hour, in violation of the FLSA's minimum wage provision.

Additionally, other employees, such as kitchen staff, were paid flat salaries each month – without regard to hours worked – that did not satisfy minimum wage or overtime pay requirements. The employer also failed to maintain accurate records of employees' work hours and wages, as required.

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Accessible and searchable information on enforcement activities by the Department of Labor is available at http://ogesdw.dol.gov/search. Publicly available enforcement data are available through the free mobile application "Eat Shop Sleep," which enables consumers, employees and other members of the public to check if a hotel, restaurant or retail location has been investigated by the Wage and Hour Division and whether FLSA violations were found. The app is available at

https://sites.google.com/site/eatshopsleepdol/

http://www.wistv.com/story/18765795/san-jose-agrees-to-pay-over-170k-in-back-wages