Restaurant to Pay $219,716 to Resolve Wage Case

Monday, December 3, 2018
After an investigation by the U.S. Department of Labor's Wage and Hour Division (WHD), Pho Ha Pomona Inc. – operator of Pho Ha Vietnamese Restaurant based in Pomona, California – will pay $219,716 in back wages and liquidated damages to 33 employees for minimum wage, overtime, and recordkeeping violations of the Fair Labor Standards Act (FLSA).

WHD investigators found that Pho Ha Pomona Inc. failed to pay servers, cooks, cook assistants, and dishwashers required overtime at time-and-a-half when they worked beyond 40 hours in a workweek. Instead, the employer paid straight time rates for all of the employees' hours, including making payments in cash at straight time for some of the overtime hours. The employer also failed to pay at least the federal minimum wage of $7.25 per hour to three employees. Additionally, the employer failed to keep accurate time records, as required by law.

"Employers must pay employees the wages they have legally earned for all the hours they have worked," said Wage and Hour Division District Director Daniel Pasquil in West Covina. "We encourage all employers to use the many tools the Department of Labor provides to help them understand their obligations and to comply with the law."

Employers who discover overtime or minimum wage violations may self-report and resolve those violations without litigation through the PAID program. For more information about the FLSA and other laws enforced by the Wage and Hour Division, contact the Division's toll-free helpline at 866-4US-WAGE (487-9243). Information is also available at including a search tool for workers who may be owed back wages collected by WHD.
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