Restaurant sued for time and attendance violations

The United States Department of Labor recently sued a San Rafael, California, restaurant for allegedly committing repeated violations of time and attendance legislation.

According to court records, a Department of Labor investigation found that the Seafood Peddler's owner and two managers repeatedly failed to keep proper employee time records and adequately compensate overtime employee attendance.

The suit alleges that the restaurant's owner, Alphonse Silvestri, owes at least $137,000 in overtime back wages to 11 employees, on top of $26,434 to eight workers fired for cooperating with the investigation and an additional $15,300 in civil penalties for wilful violation of the Fair Labor Standards Act.

Susana Rincon, director of the wage and hour division's San Francisco office, noted that this was not Silvestri's first offense.

"This owner has underpaid workers for years, despite being well aware of the law’s requirements," she said in a statement.

A 1999 Department of Labor investigation into a New York restaurant owned by Silvestri found that he owed workers approximately $8,000 in back pay for minimum wage and overtime violations. 

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