Labor Law News

Asian Buffet Restaurant Agrees to Pay $77,218 in Back Wages

KENNER, La. -- Asian Super Buffet La. Inc. in Kenner, La., has agreed to pay $77,218 in back wages to 26 current and former kitchen and wait staff after a U.S. Department of Labor investigation found the company failed to pay the minimum wage and overtime as required by the federal Fair Labor Standards Act (FLSA).

“Workers are entitled to be paid their full wages for every hour worked,” said Barbara Hicks, district director for the department’s Wage and Hour Division in New Orleans. “Some employees worked as much as 60 hours in a workweek without overtime compensation.”

The investigation, covering the two-year period Feb. 12, 2004 to Feb. 11, 2006, concluded that Asian Super Buffet included tips, meals and lodging as part of the wait staff’s compensation for hours worked. This resulted in wages below the federal minimum wage. In addition, the company failed to properly compensate employees for overtime hours and to maintain required records.

The FLSA requires employees to be paid the minimum wage for all hours worked and time and one-half their regular rate of pay for hours worked over 40 per week. Employers must also maintain accurate time and payroll records.

Asian Super Buffet cooperated with the investigation and has agreed to future compliance. All back wages will be paid to employees by August 2006.

The Wage and Hour Division recovered more than $166 million in back wages in fiscal year 2005 for more than 241,000 employees. Average days to resolve a complaint decreased during that time from 92 to 85 days.

For more information about the FLSA, call the Wage and Hour New Orleans district office at (504) 457-6247 or the Department of Labor’s toll-free help line at 1-866-4USWAGE (1-866-487-9243). Information is also available on the Internet at wagehour.dol.gov.

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