A Florida Mexican restaurant owed $38,000 after minimum wage, overtime pay violations

David J. Neal
·1 min read

A Pinellas Park restaurant burned the Fair Labor Standards Act (FLSA) at both ends, owing workers $38,755 in earned back wages after minimum wage and overtime pay violations, the U.S. Department of Labor announced.

That money went to six employees, an average of $6,459.19 per worker.

A message left for El Guerrero President Laurentino Roman was not returned.

Labor’s Wage and Hour Division investigators found El Guerrero:

▪ Made illegal deductions from the tips of two servers, both of whom El Guerrero was paying less than the cash wage required by FLSA. By doing so, the restaurant lost the tip credit, creating more minimum wage violations.

▪ Didn’t pay the same two servers overtime pay when they worked more than 40 hours in a workweek.

▪ Paid some kitchen staff a flat salary when they worked more than 40 hours.

“When employers take a tip credit toward the payment of wages for their employees, they must adhere to all requirements of the law. Failing to do so can result in a costly lesson,” said Wage and Hour Division District Director Nicolas Ratmiroff.

The Wage and Hour complaint section of Labor’s website contains information on how to file a complaint if you believe your employer has violated FLSA. Miami’s Wage and Hour Division office can be reached at 305-598-6607. The national helpline is 866-4US-WAGE (487-9243).

No matter the immigration or citizenship status of workers, they can speak with the department, which says it can handle calls in more than 200 languages.

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