Earlier this month, the federal appeals court in Colorado upheld an earlier ruling that had found an Oklahoma Mexican restaurant El Tequila and its owner in direct violation of labor laws, specifically the Fair Labor Standards Act.
The case dealt specifically with the mishandling of employee wages and failure to keep accurate time records. A pretrial ruling initially determined that the restaurant and owner owed at least $1.7 million in damages and back wages, covering more than 300 workers. The three-judge panel then elected to increase the case award to $2.1 million because the violations were found to be intentional.
Despite appeal from the restaurant’s owner to overturn the verdict – he had testified that he was not aware of how to comply with federal labor guidelines – the latest ruling determined that a reasonable jury could not conclude that the violations were not intentional. The appeals court focused on evidence that the owner tried to change time records and misrepresented how employees were paid.
Wage and Hour Law Violations
All employees, regardless of industry, deserve to be fully and fairly compensated for the work they perform. In addition to federal statutes, the state of California also has a variety of laws that help provide protections to employees, including when it comes to pay and working hours. However, situations arise where employers violate these laws and take advantage of their workforce in order to save money or otherwise cut regulatory corners.
In many cases, this involves violations of wage and hour laws such as:
- Failing to pay overtime or double time to workers when earned
- Failing to provide workers with minimum wage or the established prevailing wage
- Failing to pay an employee for all time on a job, including on-call time and/or pre- and post-shift duties
- Not reimbursing employees for work-related expenses
- Misclassifying an employee as an independent contractor
- Failure to keep accurate employee time records
California law also prohibits retaliation against workers who inquire owed wages, or those who file claims regarding an employer’s violation of labor laws with a government agency.
Attorneys Specializing in Labor Law in Los Angeles and San Bernardino
If you are currently faced with a labor conflict or employment law issue, it may be in your best interest to consult with an attorney specializing in labor law. Throughout Southern California, including Los Angeles and San Bernardino counties, our legal professionals at Broslavsky & Weinman represent individuals dealing with labor law issues such as wage and hour violations. Our attorneys have a great deal of experience in defending the rights of employees, including those who have been denied earned compensation.
Regardless of the circumstances surrounding your claim, we can work with you to go over your case and determine any and all potential legal remedies. To schedule an appointment with one of our attorneys, you can contact the law offices of Broslavsky & Weinman, LLP at (310) 575-2550.