Two Texas restaurants, Mi Sombrero in Houston and El Ranchero Mexican Restaurant in La Porte, recently paid 27 employees more than $132,000 in back wages. Both restaurants were operated by Eleno Suarez DelaCruz.
An investigation by the Department of Labor's (DOL) Wage and Hour division found that both locations were in violation of the Fair Labor Standard Act's (FLSA) overtime, minimum wage and recordkeeping provisions.
The Houston District Office discovered that the employer was not paying cooks and waitstaff minimum wage for hours worked. Instead, they were paid flat salaries for all of their
employee attendance even when they should have been paid time-and-a-half for overtime. In fact, the investigation revealed that the restaurant was not maintaining the required time and payroll records at all.
"Restaurant workers are among the most vulnerable in the workforce," said Cynthia Watson, regional administrator of the Wage and Hour Division in the Southwest. "The department is dedicated to ensuring that every employee receives fair pay for every hour worked and that employers adhere to the provisions of the FLSA. Exploitation of workers will not be tolerated."
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