Judge orders Quincy restaurant, owner to pay $42K in unpaid wages, damages, penalties after US Labor Department investigation

Date of Action: Jan. 18, 2023 

Type of Action: Fair Labor Standards Act consent judgement

Defendants: Maya Restaurant Inc. operating as Maya Mexican Restaurant, Rigoberto Cobain 

Background: An investigation by the U.S. Department of Labor’s Wage and Hour Division reviewed payroll records from Nov. 11, 2018 through Nov. 7. 2020, and determined workers did not receive overtime compensation at time and one-half their hourly rate of pay for hours over 40 in a workweek and in some cases did not earn the federal minimum wage of $7.25 per hour. The division found 11 cooks, dishwashers, servers and one non-exempt salaried manager were affected by the employers’ failures.

After the owner failed to reach a compliance agreement with the Wage and Hour Division, the department filed suit on Nov. 10, 2021.

Resolution: Judge Sue E. Myerscough issued consent order and judgment to resolve the litigation. The order requires Maya Restaurant and Cobain to do the following: 

• Immediately pay $15,000 in back wages and $15,000 in liquidated damages within 120 days.
• Pay a civil money penalty of $12,500 within 180 days.
• Provide the last-known contact information for employees owned wages.
• Display a poster of the Fair Labor Standards Act requirements in both English and Spanish.
• Display a copy of the consent order and judgment for a period of at least 180 days.
• Comply with the FLSA at all current and future locations operated by company and/or Cobain in Illinois and Missouri.
• Maintain accurate time and payroll records.

Quote: “Wage violations in the restaurant industry are far too common, and often hurt the very vulnerable workers, many of whom do not know their rights under federal wage laws,” said Wage and Hour District Director James Yochim in St. Louis. “Every dollar restored for workers represents justice for those wrongly denied their rightful wages by a business operator who shortchanged them.”

For more information about the FLSA protections for restaurant workers and other laws enforced by the Wage and Hour Division, contact the division’s toll-free helpline at 866-4US-WAGE (487-9243).

Learn more about the Wage and Hour Division, including a search tool to use if you think you may be owed back wages collected by the division. Download the agency’s new Timesheet App for Android devices to ensure hours and pay are accurate.

Court: U.S. District Court for the Central District of Illinois

Docket Number: Case No. 3:21-cv-03239-SEM-KLM