U.S. Department of Labor Investigations of Central Florida Restaurants Results in $83,577 in Back Wages For 91 Employees

APOPKA, FL – After investigations by the U.S. Department of Labor's Wage and Hour Division (WHD), Rios Rodriguez Enterprises Inc. – owner of five Central Florida restaurants – will pay $83,577 in back wages to 91 employees for violating the minimum wage, overtime, and recordkeeping provisions of the Fair Labor Standards Act (FLSA). The employer also paid $21,266 in civil money penalties for repeated violations.

Investigators found the employer failed to pay tipped employees the federal minimum wage for all the hours that they worked after their rounding practices resulted in time worked not being compensated. The employer also paid cooks flat salaries, without regard to the number of hours that they actually worked. This practice resulted in overtime violations when those employees worked more than 40 hours in a workweek, yet were not paid overtime. The employer's practice of paying overtime after 80 hours in two workweeks, instead of after 40 hours in a single workweek, resulted in additional overtime violations. The employer also failed to maintain accurate payroll and time records in violation of the FLSA's recordkeeping requirements.

"Employers must pay employees all the wages they have legally earned," said Wage and Hour District Director Daniel White, in Jacksonville. "We encourage employers to contact their local Wage and Hour Division office for the resources available to explain their responsibilities and how to avoid violations."

The investigations involved the following restaurants:

• Rios Restaurant Group Inc. – operating as La Fiesta of Ormond Beach
• Rios Rodriguez Enterprises Inc. – operating as La Fiesta of Port Orange
• Saint Anejo Mexican Kitchen & Tequileria Inc. – operating as Saint Anejo Mexican Kitchen in Winter Springs
• Agave Azul Mexican Cuisine Inc. – operating as Agave Azul Mexican Cuisine in Orlando
• Agave Azul Winter Park LLC – operating as Agave Azul Mexican Cuisine in Winter Park

For more information about the FLSA and other laws enforced by the Wage and Hour Division, contact the 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 https://www.dol.gov/whd.