INDIANAPOLIS — Three Indiana Mexican restaurants failed to pay servers and cooks overtime in violation of the Fair Labor Standards Act (FLSA) and will pay $54,638 in back wages, according to the U.S. Department of Labor's Wage and Hour Division (WHD).
A WHD investigation found that 101 current and former employees of three Luciana's Mexican Restaurant Cantinas in Indiana did not pay cooks for some of the hours they worked and paid servers overtime at their direct wages of $2.13 per hour instead of basing their rate on the full minimum wage of $7.25 per hour, the WHD said. According to the WHD, the restaurants also did not maintain accurate hours and pay records.
"The U.S. Department of Labor is committed to ensuring employees receive all the wages they have rightfully earned," WHD district director Patricia Lewis said in a statement. "Employers may avoid wage violations by contacting us for compliance assistance."
According to the WHD, Luciana's Mexican Restaurant and Cantina has amended its payroll practices to the proper overtime calculations.