Hibachi Grill & Supreme Buffet sued by US Labor Department to recover nearly $2 million in unpaid wages and damages for 84 employees
The U.S. Department of Labor has filed a lawsuit against Wang’s Partner Inc., doing business as Hibachi Grill & Supreme Buffet in Jonesboro, and its owner, Shu Wang, to recover unpaid wages and damages under Fair Labor Standards Act. The department is seeking $1,997,726 in back wages and liquidated damages for 84 employees. The lawsuit is based on an investigation by the department’s Wage and Hour Division, which revealed numerous violations of the FLSA. The lawsuit has been filed by the department’s Office of the Solicitor in the U.S. District Court for the Northern District of Georgia.
Investigators from the division’s Atlanta district office found that the employer misclassified servers as independent contractors, failed to pay servers and kitchen staff at least the federal minimum wage of $7.25 per hour and failed to pay overtime compensation at time and one-half employees’ regular rates for hours worked beyond 40 in a work week. Additionally, the employer did not maintain accurate records of hours worked and wages paid.
The FLSA requires that covered employees be paid at least the federal minimum wage of $7.25 for all hours worked, plus time and one-half their regular rates, including commissions, bonuses and incentive pay, for hours worked beyond 40 per week. In general, “hours worked” includes all time an employee must be on duty, or on the employer’s premises or at any other prescribed place of work, from the beginning of the first principal work activity to the end of the last principal activity of the workday. Additionally, the law requires that accurate records of employees’ wages, hours and other conditions of employment be maintained.
The misclassification of workers as something other than employees, such as independent contractors, presents a serious problem for affected employees, employers and to the entire economy. Misclassified employees are often denied access to critical benefits and protections, such as family and medical leave, overtime, minimum wage and unemployment insurance. Employee misclassification also generates substantial losses to state and federal treasuries, and to the Social Security and Medicare funds, as well as to state unemployment insurance and workers compensation funds.
posted by Tiffany Haslacker
12/28/13
