SAN DIEGO — Twelve employees at Adalberto’s Mexican Food restaurant in San Diego will share in $44,226 in back wages for unpaid overtime and $44,266 in additional damages. The U.S. Department of Labor (DOL) performed an investigation of the California restaurant and the evidence was not in the restaurant’s favor. From the DOL’s investigation Adalberto’s was found to have violated the Fair Labor Standards Act (FLSA) when it failed to pay its employees for all of the hours they worked, including overtime.
The Violation
The DOL’s Wage and Hours Division in San Diego investigated the claims that the Mexican restaurant had not compensated its employees properly. More specifically the Division found the restaurant had not paid the required time and a half the employees were entitled to when they worked more than 40 hours a week. Adalberto’s was paying its employees straight time regardless of how many hours they worked each week. In many cases, Adalberto’s employees were working six days a week and more than 40 hours on a regular basis. Under both the FLSA and state labor laws, Adalberto’s employees should have been receiving overtime wages.
Overtime Claims
While employers and government agencies prefer employees attempt to address concerns or complaints about unpaid overtime internally with the employer, if that is not a viable option or that option failed, then the employee needs to file a complaint with the Department of Labor. Generally speaking, if the complaint deals with overtime or minimum wage the employee may file a complaint at either the state or federal level. The Department will review the complaint and, if there is sufficient information, begin the investigation process. Depending on the information gathered during the investigation, the Department may issue the employee a right to sue letter or may continue forward and determine exactly how much an employee is entitled to due to the violation. Employees are generally entitled to backwages and an equal amount in liquidated damages when an employer violates the FLSA requirements.
Filing a complaint with the Department of Labor is the first step in moving forward with your wage or overtime claim. Skilled overtime pay lawyers can assist you throughout the process however, it is always better to contact them near the beginning. If your employer pays you straight time for every hour you work even those over 40 hours a week, call our experienced team of overtime pay lawyers today at (855) 754-2795 and we can evaluate your situation and discuss your options. Or you can complete the Free Unpaid Overtime Case Review form and our knowledgeable legal team will assess your case. If we accept your case, we will represent you under our No Fee Promise. This means there are no legal fees or costs unless you receive a settlement.