The Department of Labor Wage and Hour Division has found that Aura Thai Inc., a restaurant located in Long Beach, California, failed to meet the required minimum wage obligation by paying servers, who averaged just over 9 hours per day, a flat rate of $50 per day regardless of the hours worked. Cooks and dishwashers averaged 66 hours worked during a 6-day workweek for $100 per day in cash, and were not paid the required overtime premium pay of time and one-half for hours worked beyond 40 in a work week. The employer also failed to keep accurate records of employees' hours and pay in violation of the Fair Labor Standards Act, which sets standards for minimum wage, overtime, child labor and recordkeeping.
Investigators from the Wage and Hour Division's Ontario Area Office found that four servers and four kitchen staff were owed $22,957 in unpaid minimum wage and overtime back wages and an equal amount in liquidated damages.
The employer has agreed to pay all the back wages and liquidated damages and comply with all provisions of the FLSA.