Houston TX - La Tapatia Mexican Cafe y Cantina in Houston has paid $109,708 in back pay after an investigation by the U.S. Department of Labor’s Wage and Hour Division found 217 current and former servers and cooks had not been properly paid.

The investigation, covering the two-year period May 1, 2004 to April 30, 2006, determined that the restaurant and its owners violated the minimum wage and overtime provisions of the Fair Labor Standards Act (FLSA). The company not only paid servers straight time for all hours worked but also failed to pay overtime to non-exempt cooks.

The FLSA requires that covered employees be paid at least the federal minimum wage for all hours worked, plus time and one-half their regular rate of pay, including commissions, bonuses and incentive pay, for hours worked more than 40 per week. Employers must also maintain accurate time and payroll records.

The company cooperated with the investigation and has agreed to future compliance with the FLSA. All back wages have been paid in full.

The investigation of La Tapatia Mexican Cafe y Cantina was the result of a referral stemming from the Justice and Equality in the Workplace initiative that seeks to educate Hispanic employers about their responsibilities and employees about their rights in the workplace. The Wage and Hour Division and other partners in the initiative disseminate information, provide compliance assistance and conduct investigations to enforce federal labor laws.

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Further Information:
U.S. Department of Labor Recovers $109,708 in Back Pay for Mexican Restaurant Workers in Houston

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