Business Briefs

Cary restaurant to pay $145K in back wages

Posted February 12, 2013

— A Cary restaurant has agreed to pay more than $145,000 in back wages to 13 employees after investigators determined the employer violated federal labor laws.

The Raleigh district office of the U.S. Department of Labor said Tuesday that Los Tres Magueyes Inc. did not pay employees for all the hours they worked. Investigators said servers were paid $3.15 an hour, but only for 40 hours. Servers were not paid overtime and received only their tips for hours worked beyond 40. They also were illegally required to contribute $200 a week from their tips toward a pool that included non-tipped employees, according to investigators.

Other employees, such as kitchen staff, were paid a fixed salary without overtime, which is in violation of federal labor laws.
Investigators said the employer also failed to keep accurate hour, wage and personnel records showing proof of birthdates for workers under 18.

“We found many low-wage employees working up to 50 hours a week without any overtime compensation and receiving pay below the federal minimum wage. The money recovered for these low-wage workers often goes to cover basic needs, which may otherwise have gone unmet,” said Richard Blaylock, director of the division’s Raleigh District Office. “We are pleased that these workers will be paid their rightful wages, and we will continue to investigate North Carolina restaurants to remedy violations and ensure compliance with the law.”


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  • walkindogs Feb 21, 2013

    This situation is NOT just confined to Los Tres in Cary. There are other restaurants owned by "Caucasian Americans" that pay under the table to avoid paying payroll taxes. All restaurants should be inspected not just for "health" purposes but to make sure they are treating the employees fairly.

  • 321oohaw Feb 19, 2013

    evababy305...try using a comma or period every now and then

  • NotFromHere Feb 19, 2013

    The consistantly win for the best Mexican food in Western Wake County year after year. My children and I have been eating at their restaurant on Kildaire Farms road since they opened about 20 years ago. And we'll continue to eat there. The worst thing would be to boycott them and have all those innocent, hard working people losing their jobs.

  • susjomiller2 Feb 15, 2013

    Cannot wait to eat there... Lighten up folks... If we boycotted everyone who ever made a mistake (could easily have been a misinterpretation of the law), we would all eat at home.... Oh wait....some of the grocery stores we buy food at might have also erred...better grow our own....

  • ICTrue Feb 15, 2013

    "I will never eat at this Los Tres again."
    Back in the saddle again

    To be safe, you better not ever eat out anywhere again.

  • ICTrue Feb 15, 2013

    So much for my $.99 Margaritas...The government steps in and screws everything up again.

  • evababy305 Feb 14, 2013

    Why doesn't the media put what good this restaurant does for the local high school the catholic church and the orphanage in mexico typical that they would only get the negative thing about this business and also I don't think the servers were getting pay bad I've gotten to know the majority of them and they have nice cars and they have told me about remodeling made to there homes soo I hate that they would do this to this business and fine them soo much i will still be going to eat there as long as they keep making great food and great service i will still be going

  • Lightfoot3 Feb 14, 2013

    "This isn't the same owners as the one under same name in Fuquay Varina. Great food there too and hopefully they are paying their staff properly!" - whocanitbe123

    I love the one in Fuquay. Great food, great price, great service.

  • SouthernPackerFan Feb 13, 2013

    I think the important thing to take from this article is "illegal"...who else would work for 3 bucks an hour...

    ah.....anyone that is waitress staff in any type of these businesses, and I suppose you do not tip either.....figures

  • 321oohaw Feb 13, 2013

    oh darn...taco prices are going up!