Former dishwashers at Tafolino’s Mexican Restaurant in Colorado have filed a collective action complaint against Tafolino’s, claiming that the restaurant has failed to pay minimum and overtime wages, as required both by the Fair Labor Standards Act (FLSA) and the Colorado State labor law.
The labor laws require employers to pay time and a half when an employee works more than 40 hours a week. Attorneys for the employees claim that Tafolino’s paid employees a salary of $400 per week, with no overtime wages, for the 60 hours they worked each week as dishwashers. The employees effectively received payment of less than the required minimum hourly wage per hour of work.
The lawsuit seeks back wages, penalties, and attorneys’ fees and costs.