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Brasa steakhouse to pay $68K in overtime owed to workers

Posted November 15, 2012

— Brasa Brazilian Steakhouse has agreed to pay more than $68,000 in back wages to 18 workers after a federal investigation determined the restaurant violated labor laws by not giving the workers overtime.

An investigation by the U.S. Department of Labor’s Wage and Hour Division found the Raleigh restaurant paid its kitchen staff straight time, rather than time and a half, for hours worked beyond 40 in a week. The employer also incorrectly calculated overtime for tipped employees.

Investigators said the employer also failed to pay some workers for all their hours, which meant they earned less than minimum wage.

The Fair Labor Standards Act sets the minimum wage at $7.25 per hour. Tips combined with direct wages must be at least minimum wage, or the employer has to make up the difference, according to the law.

“Workers in the restaurant industry are among the most vulnerable in this country, and the Labor Department will not tolerate their exploitation,” Richard Blaylock, director of the division’s Raleigh office, said in a statement. “This case should serve as a notice to other employers who may not be paying their employees in accordance with federal law.”

The department has a smartphone application, available in English and Spanish, to help employees track hours and determine wages they are owed.
 

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  • pbjbeach Nov 16, 7:51 p.m.

    In my opin thes labor rights issue in this state is just another prime example of the vulture capitilist such as was the case with romney ryan ticket an the bain capitlist issue during the recent election that is what the entire repbulcianparty is all aboutis the suppression of wage benefits for worker an the worker familys in the first place thank you

  • piene2 Nov 16, 4:25 p.m.

    "Have you heard that there is a scarcity of jobs lately? If not, read up on the subject.

    Really? You don't say. Scarcity doesn't mean non existant. There are lots of places hiring. Yes, many are entry level jobs, but you have to start at the bottom in order to get to the top. Jobs don't come to you, you have to dig for them, sometimes hard.
    btneast"

    It will be another year or two before the job market is back to what it was around the turn of the century.

  • geoherb1 Nov 16, 4:12 p.m.

    "The sad part is we got a state agency sucking up tax dollars, and it take a Fed. agency to come in and force fair labor laws? I see a need to save some tax dollars here in NC."

    Jurisdiction for wage payment issues depends on the annual dollar volume a business does. Businesses that gross more than a half million dollars a year fall under the U.S. Department of Labor's jurisdiction. That's why when you read a story about Walmart employees not getting paid minimum wage or overtime, it's the USDOL that is investigating it. When it's a neighborhood restaurant that's cheating its employees, the NCDOL will investigate.

  • btneast Nov 16, 1:41 p.m.

    Have you heard that there is a scarcity of jobs lately? If not, read up on the subject.

    Really? You don't say. Scarcity doesn't mean non existant. There are lots of places hiring. Yes, many are entry level jobs, but you have to start at the bottom in order to get to the top. Jobs don't come to you, you have to dig for them, sometimes hard.

  • piene2 Nov 16, 12:58 p.m.

    "....Yes, some employers are like vultures, they are mean and nasty......but at what point does it fall on the employees head to go elsewhere? Indentured servitude ended hundreds of years ago. Yes, finding another job is never easy, but it CAN be done.
    btneast"

    Have you heard that there is a scarcity of jobs lately? If not, read up on the subject.

  • rocket Nov 16, 12:51 p.m.

    "Thank you captain obvious. It's called sarcasm."

    Then your post made no sense.

  • slayerhil Nov 16, 12:07 p.m.

    "Who said anything about slavery? There is a big difference between forced labor and government mandated wages. -rocket"

    Thank you captain obvious. It's called sarcasm.

  • btneast Nov 16, 11:41 a.m.

    So many employers are like vultures that feed off their employees. They need to be slapped

    ....Yes, some employers are like vultures, they are mean and nasty......but at what point does it fall on the employees head to go elsewhere? Indentured servitude ended hundreds of years ago. Yes, finding another job is never easy, but it CAN be done.

  • piene2 Nov 16, 10:29 a.m.

    Good for the employees! So many employers are like vultures that feed off their employees. They need to be slapped down hard. Were I setting the rules, I would be paying the employees some punitive damages as well as the wages they were cheated out of.

  • m0nky Nov 16, 10:03 a.m.

    whatelseisnew: i know you're probably just trolling, but that is a slap in the face to the ridiculous amount of people, including children that had to die in factories and horrible working conditions in order to ensure that you get to work in a place where you more than likely don't have to worry about losing a limb on a daily basis.

    read a history book or two...

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