US Department of Labor recovers $105K in unpaid wages, damages after investigation finds Lacey restaurants violated overtime, child labor laws

Employer:

Macarios Inc., Los Primos Inc., Dos Oros Inc., operating as Mayan Mexican Restaurant

4520 Pacific Ave. SE
Lacey, WA 98503

Investigation findings:

An investigation by the U.S. Department of Labor’s Wage and Hour Division found the restaurant employer failed to pay workers their full earnings in violation of overtime requirements under the Fair Labor Standards Act.

Investigators determined that Jose Sanchez, owner of three Mayan Mexican Restaurants operating under different corporate names in Lacey, Washington, denied 20 workers their overtime pay for hours worked beyond 40 in a workweek. Instead, the employer paid overtime hours at regular rates and failed to combine all hours worked at different locations for purposes of overtime pay calculation. The division also found a minor-aged employee had worked more hours than permitted on school days and beyond the allowable times, in violation of FLSA’s child labor regulations.

Back Wages Recovered:

• $52,923 in unpaid overtime wages for 20 employees
• $52,923 in damages for 20 employees
• $6,440 in civil money penalties

Quote:

“Restaurant employees work hard to make ends meet for themselves and their families. This restaurant willfully violated federal overtime and child labor regulations by underpaying employees and having a minor work beyond the allowable hours,” said Wage and Hour Division District Director Thomas Silva in Seattle. “We urge employers in this industry to review their employment practices and avoid costly consequences for violating the law.”

Context:

The YouthRules! initiative promotes positive and safe work experiences for teens by providing information about protections for young workers to youth, parents, employers and educators. Through this initiative, the U.S. Department of Labor and its partners promote developmental work experiences that help prepare young workers to enter the workforce. The Wage and Hour Division has also published Seven Child Labor Best Practices for Employers to help employers comply with the law.

The FLSA requires that most employees in the U.S. be paid at least the federal minimum wage for all hours worked and overtime pay at not less than time and one-half the regular rate of pay for all hours over 40 in a workweek. Learn more about the Wage and Hour Division and workers’ rights, including a search tool to use if you think you may be owed back wages collected by the division.

Employers and workers can call division staff confidentially with questions, regardless of where they are from, and the department can speak with callers confidentially in more than 200 languages through the agency’s toll-free helpline at 866-4US-WAGE (487-9243). Download the agency’s new, free Timesheet App for android devices, available in English and Spanish, to help track work hours and pay.

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SDGs, Targets, and Indicators

1. Which SDGs are addressed or connected to the issues highlighted in the article?

• SDG 8: Decent Work and Economic Growth
• SDG 10: Reduced Inequalities

The article discusses violations of labor regulations, specifically related to overtime pay and child labor. These issues are directly connected to SDG 8, which aims to promote sustained, inclusive, and sustainable economic growth, full and productive employment, and decent work for all. Additionally, the article highlights the violation of workers’ rights, indicating a potential connection to SDG 10, which aims to reduce inequalities within and among countries.

2. What specific targets under those SDGs can be identified based on the article’s content?

• SDG 8.5: By 2030, achieve full and productive employment and decent work for all women and men, including for young people and persons with disabilities, and equal pay for work of equal value.
• SDG 10.7: Facilitate orderly, safe, regular, and responsible migration and mobility of people, including through the implementation of planned and well-managed migration policies.

Based on the article’s content, the specific targets that can be identified are related to ensuring decent work for all individuals, regardless of age or disability (SDG 8.5), and promoting safe and responsible migration policies (SDG 10.7).

3. Are there any indicators mentioned or implied in the article that can be used to measure progress towards the identified targets?

• Indicator for SDG 8.5: Proportion of children aged 5-17 years engaged in child labor.
• Indicator for SDG 10.7: Number of countries implementing well-managed migration policies.

Although the article does not explicitly mention these indicators, it provides information that can be used to measure progress towards the identified targets. The article mentions a violation of child labor regulations, indicating the presence of child labor and the need to measure the proportion of children engaged in such labor (SDG 8.5). Additionally, the article highlights the violation of labor regulations by an employer, suggesting the importance of measuring the number of countries implementing well-managed migration policies (SDG 10.7).

SDGs, Targets, and Indicators

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Source: dol.gov

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