MANCHESTER, NH – Two full-service restaurants in Derry and Londonderry and a general manager have agreed to pay $890,169 – $445,085 in back wages and an equal amount in liquidated damages – to 63 employees to resolve numerous willful violations of the Fair Labor Standards Act following a U.S. Department of Labor investigation and litigation.
The department’s Wage and Hour Division investigation found La Carreta-Derry Inc. and La Carreta-Londonderry LLC – both doing business as La Carreta Mexican Restaurant – and Heriberto Leon, general manager of the Londonderry location, violated the FLSA’s minimum wage, overtime and recordkeeping requirements. The department then moved for summary judgment in litigation on those violations, which were:
- Paying four servers only tips, resulting in minimum wage underpayments.
- Paying no overtime to these employees who received exclusively tips.
- Paying straight-time wages to employees for hours worked over 40 in a week.
- Failing to maintain accurate time records for certain employees.
In addition to payment of the back wages and liquidated damages, the consent judgement and order, entered in the U.S. District Court for the District of New Hampshire, restrains the employers from engaging in future violations of the FLSA’s wage, recordkeeping and antiretaliation requirements. It also requires them to cooperate with any U.S. Department of Labor investigation under the FLSA, including providing investigators access to all required records and...
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https://www.dol.gov/newsroom/releases/whd/whd20220425