After an investigation by the U.S. Department of Labor’s Wage and Hour Division (WHD), Polvo’s Mexican Restaurant in Austin, has paid $98,520 in back wages and liquidated damages to 19 employees to resolve overtime violations of the Fair Labor Standards Act (FLSA).
WHD investigators found that Polvo’s Mexican Restaurant paid kitchen employees flat weekly salaries without regard to the number of hours that they worked. This practice resulted in violations when employees worked more than 40 hours in a workweek, but the employer failed to pay them overtime. WHD also cited the employer for recordkeeping violations of the FLSA, and for failing to provide employees with information about the Family and Medical Leave Act.
“Employers must pay their employees all the wages they have legally earned,” said Wage and Hour Division District Director Nicole Sellers in Austin, Texas. “The results of this investigation offer an opportunity for other employers to review their pay practices to make sure they comply with the law. The U.S. Department of Labor is committed to ensuring that employers have the information and tools they need to avoid costly violations like those found in this investigation.”
