The Department of Labor's Wage and Hour Division recently investigated three San Jose Mexican restaurants under separate ownership and found systematic time and attendance violations at all three. This audit was part of an ongoing effort in the South Carolina restaurant industry after the Department of Labor previously found widespread wage violations. Since 2009, restaurants in the state have had to collectively pay $2.5 million to 2,500 workers

"We found many low-wage and vulnerable workers employed at all three San Jose Mexican restaurant locations. Many of them worked long hours, sometimes averaging 63 hours a week, but earned far below the federal minimum wage and no overtime compensation," said Michelle Garvey, director of the WHD district office in Columbia.

The investigations of the three locations in Columbia and Lexington claim owners Eraclio Leon, Gregorio Leon Sr. and Antonio Leon owe 37 employees nearly $400,000 altogether for minimum wage and overtime violations.

The Fair Labor Standards Act (FLSA) requires that all covered employees earn at least minimum wage - $7.25 per hour - for all of their hours worked, in addition to premium pay at a rate no less than one-and-a-half times their standard rate for any time they are on the clock for more than 40 hours per week. 

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