PSAI Association Insight, September 29, 2021 I 25
US Department of Labor
Investigation Finds
California Restaurant
Willfully Violated
Overtime Rule
From US Department of Labor website, published Sept. 23, 2021
While workers at a northern California restaurant worked hard
to satisfy customers and keep the business operating through-
out the pandemic, their employer intentionally failed to pay
overtime wages when required, leading to costly consequences
for the restaurant's owner.
A US Department of Labor Wage and Hour Division
investigation found Lido Bar & Grill in Carmichael, California,
failed to record all hours employees worked and failed to pay
overtime as required by federal law. They either paid the cooks
a salary with no overtime when they worked more than 40
hours in a workweek or paid overtime hours in cash at straight-
time rates.
The investigation led to the division's recovery of $81,577 in
overtime back wages and $81,577 in liquidated damages
for seven workers. The division also assessed $4,067 in civil
penalties against the employer to address the willful nature
of their violations under the Fair Labor Standards Act.
Read the full news release
An employer learned a costly
lesson about skirting federal
overtime laws when it gave
hollow management titles to
overtime eligible employees
and paid them salaries for all the
hours they worked. Despite the
fact that the work they do made
them eligible for overtime, Top Golf USA Inc. failed to pay
overtime when the employees worked more than 40 hours in
a workweek, a US Department of Labor investigation found.
A corporate-wide investigation by the department's Wage
and Hour Division found the Dallas-based company – which
operates in 31 states as Topgolf – paid event sales managers
and event sales consultants a salary plus commission with no
overtime premium after 40 hours in a workweek, in violation
of the Fair Labor Standards Act. Division investigators
determined the employees did not meet the supervisory
requirements and were eligible for overtime. The investigation
began with the discovery of violations at its Loudon, Virginia,
location.
The division's investigation led to recovery of $750,063 in
back wages for 255 employees in 25 states.
Read the full news release
Topgolf Pays $750K in
Back Wages to Workers
From US Department of Labor website, published Sept. 23, 2021
