GREEN BAY, Wisc. — El Azteca restaurants in Wisconsin are facing a wage and overtime pay lawsuit in federal court. Four restaurants in the Fox Valley have been sued by the U.S. Department of Labor (DOL) for violating the Fair Labor Standards Act (FLSA). The DOL is seeking back wages and damages for more than 100 hourly employees who were denied minimum wage and compensation for all of the hours they worked each workweek. The defendants, El Azteca and its owners, deny the wage violation allegations.
The DOL Findings
Over a two-year period, the DOL’s Chicago based Wage and Hour Division investigated the Mexican restaurant chain after receiving complaints of wage violations. The department found that the four restaurant locations, El Azteca Restaurants Inc., the parent company, and three owners were involved in violating federal wages laws. According to the DOL’s lawsuit, the restaurants failed to pay servers and kitchen staff at least minimum wage for each of the hours the employees worked. The employees were also allegedly denied overtime when they worked more than 40 hours in a workweek. Not only were the employees allegedly found to have not received minimum wage or overtime, based on the DOL’s findings, some employees were earning less than $1 an hour under the restaurants’ wage systems.
Accurate Record Keeping
One of the contributing factors to the restaurants’ wage violations was that the El Azteca locations failed to accurately record and maintain records of the hours worked for each employee. Under the FLSA, and state wage laws, employers are required to maintain accurate records for hours worked. Many wage violations can be traced back to inaccurate wage records. For instance, an employer may require employees to clock-in at a specific time even though the employee has already begun working, or to clock-out even though the employee will continue to work. Or an employer may allow employees to record their time correctly, but will alter the time records after the fact to reduce the number of hours worked.
Typically, if an employer provides detailed wage statements, employees can track and verify the hours they worked during each pay period. If your employer does not provide a detailed wage statement of your hours worked, or your employer requires you to work “off the clock” or “shaves” your hours, you may have a claim for back wages and unpaid overtime pay. Time is limited for filing wage and overtime complaints so it is important to call today! Our top-rated team of overtime pay lawyers can be reached at (855) 754-2795. Or you can complete our Free Unpaid Overtime Case Review form and our knowledgeable legal team will evaluate your claim. If we accept your case, we will represent you under our No Fee Promise. This means there are no legal fees or costs unless you receive a settlement.