WHD investigators found that Polvo's Mexican Restaurant paid kitchen employees flat weekly salaries without regard to the number of hours that they worked. That practice resulted in violations of the Fair Labor Standards Act (FLSA) when employees worked more than 40 hours in a workweek but the employer didn't pay them overtime. Polvo's was also cited 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," Nicole Sellers, the Wage and Hour Divison district director in Austin, Texas, said. "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."
The U.S. Department of Labor said employers that discover overtime or minimum wage violations may self-report and absolve those violations without legal action through the PAID program. For more information about the FLSA and other laws enforced by the WHD, visit the department's website or call the toll-free helpline at 866-487-9243.
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