Department of Labor recovers $127K in back wages, damages from San Diego cafe owner who denied overtime pay to 18 employees

Employer:     
Jimmy Carter’s Mexican Café LLC
3172 Fifth Ave.
San Diego, CA 92103 

Investigation findings: U.S. Department of Labor Wage and Hour Division investigators found Jimmy Carter’s Mexican Café and owner James Brennan Carter failed to pay employees, including waiters and cooks, the required overtime pay rates for hours over 40 in a workweek, a Fair Labor Standards Act violation. Investigators learned some of the employees worked up to 67 hours per week.

Back Wages Recovered:       $63,674 in unpaid wages and an equal amount in damages for 18 employees

                                                $7,263 in penalties for the reckless disregard of the law

Quote: “Restaurant employers such as Jimmy Carter’s Mexican Café cheat workers and commit wage theft when they refuse to pay employees’ earned overtime wages,” said Wage and Hour District Director Min Park-Chung in San Diego. “Cooks and servers often work long hours and, like all workers, must be paid in compliance with federal labor laws. Employers who undercut their workers’ wages will be held accountable.”

Background: Investigators learned about this employer’s illegal practices through the Employment Education and Outreach alliance, known as EMPLEO, that operates a multistate toll-free hotline to assist Spanish-speaking workers with workplace issues: 1-877-552-9832.

 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. Workers can call the Wage and Hour Division confidentially with questions – regardless of their immigration status – and the department can speak with callers in more than 200 languages.

Help ensure hours worked and pay are accurate by downloading the department’s Android and iOS Timesheet App for free, also available in Spanish.