Nebraska Restaurant to Pay $203,884 in Back Wages to 23 Employees

El Portal Mexican Restaurant will pay $203,884 in back wages to 23 employees after a U.S. Department of Labor investigation found that the restaurant’s locations in Auburn, Nebraska, and Nebraska City, Nebraska, violated the minimum wage, overtime, recordkeeping, and child labor provisions of the Fair Labor Standards Act (FLSA).

Department of Labor investigators found the restaurants’ FLSA violations included:

• paying flat salaries to kitchen employees, regardless of the number of hours they worked. This     practice resulted in overtime violations when employees worked more than     40 hours in a workweek and received no overtime pay;
• failing     to meet minimum wage requirements when the restaurants failed to pay     servers for all of the hours that they worked, and when they made deductions from wages for     the cost of uniforms that exceeded     allowable limits;
• failing     to maintain accurate and legally required records of the number of hours     employees worked, and amounts deducted from wages for uniform costs; and
• requiring     minors under 16 to work past 9 p.m. and longer than 3 hours on school     nights in violation of the FLSA’s child labor     provisions.

“Ensuring employees receive their hard-earned wages and assisting employers with understanding their obligations under federal labor laws is fundamental to the mission of the Wage and Hour Division,” said Richard Tesarek, Assistant District Director in Omaha. “Our enforcement ensures employers compete on a level playing field and protects employees. Employers can avoid wage violations by contacting the Wage and Hour Division confidentially for assistance.”

In addition to paying the back wages due immediately, El Portal Restaurant has taken steps to ensure compliance with the FLSA by installing time clocks, and training management about the requirements of the FLSA.