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Labor Law Violations of Minimum Wage, Overtime and Record Keeping Affecting Waiters and Bartenders

above-the-bar-logo-no12.jpgOur Restaurant Workers Rights Attorneys have been following the Wage & Hour Division (“Division”) of the United States Department of Labor’s investigation, wherein it recovered about $95,000 in back wages for 22 employees working at 2 Indian restaurants located in Artesia, California. During its investigation, the Division found violations of minimum wage, overtime, and record keeping. The owner of the 2 restaurants, Chandrakant Patel (“Patel”), required his employees to work an average of 55 hours a week and only paid them “straight time” wages, rather than the legally, required time and a half their regular rate of pay, for hours worked in excess of 40 hours a week, as required by the Fair Labor Standards Act (“FLSA”). The investigation also showed that Patel did not keep accurate records of employee work hours and wages, in violation of the FLSA’s record keeping provisions. Patel has agreed to pay the employees their back wages and comply with the FLSA regulations.

Failure to pay the minimum wage rate, overtime pay, and complying with record keeping regulations is a rampant problem in the restaurant industry not just in California, but everywhere including New York and New Jersey. It is especially prevalent in areas with immigrants and illegal aliens, trying to settle down and barely making ends meet. If you are an illegal alien or an undocumented immigrant, you still have rights and should not be taken advantage of. Unpaid overtime and back pay could add up to be thousands of dollars that rightfully belongs to you. If you’re afraid of retaliation, losing your job or being reported for being an undocumented worker, let our Employment Attorneys help you. They have helped hundreds of workers in these types of situations. Call now to speak with our attorneys now for a free confidential consultation at (800) 893-9645.

If you or someone you care about who works in the restaurant industry is not being paid their legally required wages, call our experienced Wage & Hour Attorneys at Villanueva & Sanchala at (800) 893-9645 for a confidential consultation to help you recover your rightful wages and overtime pay.


Thank you for visiting our Blog. This blog provides general information and thoughts about various employment law issues primarily in the New York Tri-State area and occasionally in other areas. You are welcome to read the posts. However, do not construe any content on this blog as legal advice or the creation of an attorney-client relationship. Again, we provide the content only for informational purposes. You should not make decisions based information on our blog since the application of the law depends on the facts and each situation may be different. In addition, the law in most jurisdictions is different and changes constantly and we make no representations that any information on our blog has been updated. The Blog should not be used as a substitute for competent legal advice from an experienced employment law attorney in your state or jurisdiction.

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