Cary, N.C. — 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.”