U.S. Department of Labor Recovers $54,638 in Back Wages for 101 Employees After Investigation Finds Violations at Three Indiana Restaurants

INDIANAPOLIS, IN – A total of 101 current and former employees of Luciana's Mexican Restaurant and Cantina at three Indiana locations will receive $54,638 in back wages following an investigation by the U.S. Department of Labor's Wage and Hour Division (WHD) that disclosed overtime and recordkeeping violations of the Fair Labor Standards Act (FLSA).

WHD investigators determined the employer failed to pay servers and cooks overtime as required by the FLSA. Specifically, the employer failed to pay cooks for some of the hours they worked, and paid servers overtime at time-and-one-half their direct wages of $2.13 per hour, rather than basing the rate on the full minimum wage of $7.25 per hour, as the law requires. The employer also failed to maintain accurate records of hours worked and pay received by employees, resulting in recordkeeping violations.

The company has amended its payroll practices to ensure proper overtime calculations.

"The U.S. Department of Labor is committed to ensuring employees receive all the wages they have rightfully earned," said Wage and Hour Division District Director Patricia Lewis in Indianapolis. "Employers may avoid wage violations by contacting us for compliance assistance."

Employers who discover overtime or minimum wage violations may self-report and resolve those violations without litigation through the PAID program. For more information about the FLSA and other laws enforced by the Division, contact the Division's toll-free helpline at 866-4US-WAGE (487-9243). Information is also available at https://www.dol.gov/whd including a search tool to use if you think you may be owed back wages collected by WHD.