U.S. Department of Labor Investigation Results in San Diego Restaurant Paying Employees $29,992 in Back Wages and Damages

SAN DIEGO, CA –  O-Fire Corp. – operating as Onami Seafood Buffet in San Diego, California – will pay $29,992 in back wages and liquidated damages to two employees after a U.S. Department of Labor's Wage and Hour Division (WHD) investigation found violations of the overtime and recordkeeping provisions of the Fair Labor Standards Act (FLSA).

WHD investigators found the employer failed to pay two cooks overtime when they worked more than 40 hours in a workweek. Instead, O-Fire paid these workers flat salaries without regard to the number of hours that they worked. The underpaid employees worked 52 hours per week, on average. The employer also violated the recordkeeping requirements of the FLSA when it failed to accurately record the total number of hours employees actually worked.

"Employers are responsible for ensuring not only that they pay employees all the wages they have legally earned, but also for keeping accurate records of their hours," said Wage and Hour Division District Director Rodolfo Cortez, in San Diego. "The U.S. Department of Labor provides many tools to help employers in the restaurant industry comply with the law, and we encourage employers and employees alike to contact us for assistance. Violations like these can be avoided."

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

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