US Department of Labor recovers $45K in back wages, damages for 14 workers denied overtime pay by Walnut Creek restaurant

Employer:      El Molino Taqueria 

                             2228 Oak Grove Road

                             Walnut Creek, CA 94598

Investigation findings: A U.S. Department of Labor Wage and Hour Division investigation found the owner of Taqueria El Molino in Walnut Creek did not pay overtime to employees for hours over 40 in a workweek, a violation of the Fair Labor Standards Act. The employer willfully paid overtime hours worked at straight-time rates and in cash.

The division learned about this case following a call to the Employment, Education and Outreach helpline operated by Empleo at 877-555-AYUDA (877-555-29832). The organization is an alliance of government agencies, consulates and non-profit organizations dedicated to promoting labor rights awareness among immigrant communities across multiple states.

Back Wages recovered:        $22,866 in overtime and minimum wages for 14 employees

                                                           $22,866 in liquidated damages for 14 employees

Penalties assessed:                 $2,0581 in civil money penalties for the willful nature of the violations.

Quote: “Calls to the Empleo helpline have enabled the U.S. Department of Labor to recover millions in unpaid wages for thousands of workers,” said Wage and Hour Division District Director Francisco Ocampo in San Jose, California. “For more than 20 years, the Empleo program has played a vital role helping workers and investigators uncover employers’ labor violations in a many different industries, including the restaurant business, where workers are deprived of their full wages far too often.”

Workers can use the division’s Workers Owed Wages search tool to see if they are owed back wages collected by the division. Employers and workers can contact the Wage and Hour Division for assistance at its toll-free number, 1-866-4-US-WAGE. Learn more about the Wage and Hour Division, including the agency’s restaurants compliance assistance toolkit and an overview about the FLSA protections for restaurant workers. Workers and employers alike can help ensure hours worked and pay are accurate by downloading the department’s Android and iOS Timesheet App for free in English or Spanish.