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North Carolina Restaurant Agrees to Pay Back Overtime to Workers and Settle Lawsuit

RALEIGH, NC — A North Carolina restaurant recently agreed to a settlement with the U.S. Department of Labor to resolve claims that the company violated several provisions of federal labor and wage laws, including failure to pay overtime wages to several employees. As part of the agreement, Lumberton-based Del Sol restaurant will pay back a combined $144,884 in back overtime wages and liquidated damages to 15 current and former employees.

“Employees are entitled to receive all of wages they have legally earned. The Department of Labor will use all of the tools at its disposal – including the courts when necessary – to ensure that payment,” said Richard Blaylock, Wage and Hour Division District Director in Raleigh. “Employees or employers with questions about FLSA compliance can reach out to us for help at any time.”

According to an investigation by the Labor Department’s Wage and Hour Division, the defendant violated the Fair Labor Standards Act (FLSA) when it failed to pay its workers one and a half times their average hourly wages when working more than 40 hours per week. The owners of Del Sol would pay their employees a flat weekly salary regardless of how many hours the employees actually worked, resulting in unpaid overtime.

“Unfortunately, we find that too many employers pay their staff flat salaries, or pay wait staff tips only, failing to ensure that they receive the required minimum wage and overtime for the hours they work,” said Regional Solicitor Stanley Keen. “Not only do we ensure workers are not exploited, but we also prevent employers from gaining an unfair competitive advantage by breaking the law.”

In addition to failing to pay overtime wages, the defendant failed to keep accurate payroll records reflecting all of the hours worked and wages earned by employees. Often times, unscrupulous companies will attempt to hide their illegal activities by falsifying payroll records to show that employees worked a maximum of 40 hours per week each in a week.

Restaurant Worker Unpaid Overtime Lawsuit

Call (855) 754-2795 or complete the Free Unpaid Overtime Case Review form on the top right of this page if you feel that your wage rights are being violated under the FLSA. Our top-rated team of unpaid wage lawyers will evaluate your situation to determine your best course of action to help you seek justice.

Our office will also determine if it is in your best interest to file a lawsuit against your employer. Because strict time limitations apply for filing these types of claims, we advise you contact our experienced unpaid overtime wage attorneys at your earliest convenience and preserve your legal rights.

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