ROANOKE, VA — A federal judge recently entered a consent decree between a Virginia restaurant chain and the Department of Labor to resolve claims that the defendant underpaid dozens of workers across various locations in the Roanoke area. Under the terms of the agreement, defendants El Rodeo-Electric Inc., El Rodeo-Orange Inc., Bravo Brandon Inc., Arellano Inc., El Toreo-Thirlane Inc. El Rodeo-Wildwood Inc., and individual owners will pay $3 million in back pay with interest and damages to 149 current and former workers.
“This resolution secures proper compensation for these hard-working employees, and helps ensure that the law will be followed in the future,” said Wage and Hour District Director Carmen E. Otero-Infante, in Richmond. “The agreement recovers wages owed to employees for work performed years ago,” said Regional Solicitor Oscar L. Hampton III. “The outcome in this case positively impacts voluntary compliance in the foodservice industry in Virginia, and will level the competitive playing field for employers that comply with the law.”
According to the unpaid overtime lawsuit, filed in U.S. District Court for the Western District of Virginia, from January 2012 to January 2015 the defendants willingly violated the Fair Labor Standards Act (FLSA) by failing to pay workers minimum wages and overtime pay. For example, kitchen staff like cooks, assistant cooks, and dishwashers only earned straight time for working above the 40-hour overtime pay threshold.
Under the FLSA, employers must pay workers one and a half times the individual’s average hourly rate of pay when working above the overtime threshold. While certain classes of workers may earn a flat weekly salary, the FLSA expects these employees to perform certain work duties essential to the business operations of the company.
Managers, certain professionals, and executives are the few classes of workers that can earn a flat weekly salary without overtime pay under the FLSA. When employers deny workers overtime and minimum wage pay, these employees have legal rights to file civil lawsuits against their company and recover stolen wages.
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 believe 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.