After a federal investigation, the Austin Mexican restaurant Polvos has paid $98,520 in back wages and liquidated damages to 19 employees to resolve overtime violations, according to the U.S. Department of Labor.
Investigators with the department’s Wage and Hour Division found that Polvos paid kitchen employees flat weekly salaries without regard to the number of hours that they worked, federal officials said. This practice resulted in violations when employees worked more than 40 hours a week but the employer failed to pay them overtime, officials said.
Investigators also cited the restaurant for record-keeping violations of the Fair Labor Standards Act and for failing to provide employees with information about the Family and Medical Leave Act.
“Employers must pay their employees all the wages they have legally earned,” said Nicole Sellers, Wage and Hour Division district director. “The results of this investigation offer an opportunity for other employers to review their pay practices to make sure they comply with the law. The U.S. Department of Labor is committed to ensuring that employers have the information and tools they need to avoid costly violations like those found in this investigation.”
When reached by phone this week, Polvos employees said officials who could comment on the matter were not at the restaurant.
The Labor Department offers resources online to ensure employers can understand federal requirements under the Fair Labor Standards Act.
Employers that discover overtime or minimum wage violations may self-report and resolve those violations without litigation through the Payroll Audit Independent Determination program.
For more information about federal labor laws, call the department’s helpline at 866-487-9243. Information is also available at dol.gov/agencies/whd, including a search tool for workers who may be owed back wages that federal authorities already collected.
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