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Wage & Hour: Restaurant Employer Pushes Luck By Not Paying Overtime Wages For 91 Hour Work Week

On Behalf of | Jul 2, 2012 | Practice Areas |

By Brian Spitz, wage & hour attorney, Cleveland, Ohio.

I always wondered while criminals keep pushing their luck. You always see these embezzlers get busted because they couldn’t just walk away with $50,000 and kept pushing their luck over and over until they’re finally busted after taking home a couple hundred grand. The same thing happens with crooked employers. If crooked employers have employees work an extra couple hours per week without paying overtime, there probably wouldn’t be a problem.

The U.S. Department of Labor, Wage and Hour Division has fined Ernesto Enterprises Corp. and Jonathan Enterprises Corp., doing business as Taconmadre Mariachi & Grill business $285,000 in back wages and overtime for letting workers at its three restaurants work 91-hour weeks without getting overtime in violation of the Fair Labor Standards Act (“FLSA”). The restaurant’s employees were improperly classified as exempt, received salaries that did not yield the minimum wage, and did not get paid overtime. This was not a close call as employees were working up to 91 hours in a week without overtime compensation – that’s more than twice the cutoff for overtime payments. Unable to stop, the employer made illegal deductions for uniforms and lost items from employees’ paychecks.

The FLSA requires that most employees be paid at least the federal minimum wage for all hours worked and overtime pay at time and one-half for all hours worked over 40 hours in a workweek.

The Spitz Law Firm works hard for employees to get employees paid what they deserve – either through arbitration, trial, or simply talking with an employer. If you have an employment dispute and are not sure of your rights, then call the right attorney today at 866-797-6040 for a FREE initial consultation.


Brian Spitz is the managing attorney at The Spitz Law Firm, LLC, which has offices around Cleveland in South Euclid, Independence, and Westlake. Brian Spitz has represented clients throughout Ohio and across the United States in matters ranging up to $60 million dollars at issue.

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