Employer: Armando’s Mexican Restaurant LLC
Investigation site: 5792 Memorial Blvd.
Saint George, South Carolina 29477
Investigation findings: Investigators with the department’s Wage and Hour Division found that the employer allowed some employees to work off-the-clock without compensation, a violation of the Fair Labor Standards Act. Employees performed work when they reported to work before their scheduled shift time or stayed after their shift ended. In addition, Armando’s paid a fixed salary to some employees, failing to pay an overtime premium for all hours over 40 in a workweek. Investigators also determined the employer failed to keep complete and accurate records of the number of hours worked by employees.
Back Wages and Liquidated Damages Recovered: $38,610 for 17 workers and an equal amount in liquidated damages.
Quote: “Restaurant workers are some of the community’s lowest-paid workers. When employers fail to pay these workers all of their legally earned wages, workers and their families find it harder to make ends meet. Illegally withholding wages also give employers an unfair advantage over their law-abiding competitors,” said Wage and Hour District Director Jamie Benefiel in Columbia, South Carolina. “The Wage and Hour Division is able to provide resources to both employers and employees to help understand their responsibilities and rights under the law.”
Background: Employers can contact the Wage and Hour Division at its toll-free number, 1-866-4-US-WAGE. The division also offers numerous online resources for employers, such as a fact sheet on Fair Labor Standards Act wage laws overtime requirements. Workers who feel they may not be getting the wages they earned may contact a Wage and Hour Division representative in their state through a list and interactive online map on the agency’s website. Workers and employers alike can help ensure hours worked and pay are accurate by downloading the department’s Android Timesheet App for free.
Learn more about Wage and Hour Division.