KANSAS CITY, Kan. —
The U.S. Department of Labor has filed a lawsuit against the owner of two Kansas restaurants who allegedly denied minimum and overtime wages to kitchen staff, servers, hosts and food runners.
Filed on March 15, 2023, in the U.S. District Court for the District of Kansas, the department’s complaint alleges El Toro Loco Legends in Kansas City and El Toro Loco in Lenexa committed multiple violations of the federal minimum wage, overtime and recordkeeping requirements.
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The department has ordered employers to pay $771,794 – $385,897 in back wages and an equal amount in liquidated damages to 75 employees of the restaurants to resolve identified infractions.
The federal suit claims some workers were putting in 66 hours per week at the restaurant without receiving fair compensation.
According to the Labor Department, investigators determined the employers paid servers a cash wage of $2.30 per hour and then either paid them for 80 hours a pay period regardless of the number of hours they worked or paid time and one-half their cash wage of $2.30 per hour for overtime.
By law, employers must pay tipped workers time-and-one-half the minimum wage minus the tip credit.
The suit names owner Alfonzo Herrera Hernandez, general manager Eugenio Yanez and location manager Yareli Perez.
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