Li Jin Yang and Dong Lin, a wife and husband operating five Oriental
Forest restaurants, headquartered in Grandville with locations across
the western part of Michigan, have been ordered by a federal court
judge to pay $2,030,430 in minimum wage and overtime pay and damages
owed to 129 workers following an investigation by the U.S. Department
of Labor's Wage and Hour Division.
"For those employers
who take advantage of the most vulnerable workers in this country, the
department will not hesitate to enforce federal law to the fullest
extent possible," said Secretary of Labor Hilda L. Solis. "We are
pleased that workers in this case will receive the back wages they have
earned and deserve."
The court also ordered the business
owners not to violate minimum wage and overtime pay laws in the future
and to make no efforts to have employees return the back wages. The
court found that $1,015,215 in back wages is owed, and ordered that an
equal amount be paid to the 129 workers as liquidated damages.
The
Labor Department's investigation found violations at Oriental Forest
locations in Grand Rapids, Plainfield Township, Wyoming, Grandville and
Newaygo, Mich., covering a three-year span that began in February 2004.
Only the Grandville and Wyoming restaurants remain open and operated by
the same owners.
The judgment resolves a lawsuit filed by the
department in federal district Court in Detroit, Mich., that alleged
the business owners paid less than time and one-half workers' regular
rates for hours over 40 in a single workweek, paid them less than the
federal minimum wage, and failed to keep adequate and accurate pay
records. Payments to individual workers range from several hundred
dollars to as much as $96,000.
The Fair Labor Standards Act
(FLSA) requires that employees be paid at least the federal minimum
wage of $7.25 for all hours worked, and time and one-half their regular
rates for hours worked over 40 in a week, unless an employee is exempt
from overtime pay. Employers must also maintain accurate time and
payroll records. For more information about the FLSA, call the Wage and
Hour Division's toll-free helpline at 866-4US-WAGE (487-9243).
Information is also available on the Internet at http://www.wagehour.dol.gov.
Solis v. Oriental Forest; CA # 1:07-CV-619