DOL files lawsuit against Austin restaurant to recover back wages

The U.S. Department of Labor (DOL) recently filed a lawsuit against the China Star restaurant in Austin, Texas for violating the Fair Labor Standards Act's (FLSA) minimum wage, overtime and recordkeeping provisions. The suit aims to recover $107,214 in back wages for 23 employees working in waitstaff and kitchen positions.

An investigation by the DOL's Wage and Hour Division revealed the employer allowed kitchen employees to work between 58 and 65 hours per week without receiving overtime pay. Kitchen staff members often pose problems for employers, since they are do not qualify for the same exemptions the apply to certain chef positions.

"The Labor Department is committed to ensuring that all workers are paid full and fair wages," said Cynthia Watson, the Southwest Wage and Hour Division regional administrator. "The Department of Labor is using all available enforcement tools to ensure that workers' rights under the Fair Labor Standards Act are not violated."

Restaurants employees are often victims of wage theft and underpayment as the result of payroll mistakes. Whether deliberate or accidental, it's crucial employers abide by the FLSA and pay workers for all of their employee attendance if they want to avoid investigations and penalties.