Restaurant to Pay $88,282 in Back Wages in FLSA Case
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Tuesday, September 18, 2018 |
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The U.S. District Court for the Western District of Pennsylvania has entered a consent judgment against Danny's Pizza Enterprises Inc. – a Bethel Park, Pennsylvania, quick-service restaurant doing business as Danny's Pizza & Hoagies – following an investigation by the U.S. Department of Labor's Wage and Hour Division (WHD) that found the employer violated the overtime and recordkeeping provisions of the Fair Labor Standards Act (FLSA). The judgment requires Danny's Pizza Enterprises Inc. and its owner and corporate officer Daniel Rowsick, to pay $39,577 in back wages and an equal amount in liquidated damages to 16 current and former employees. The willful nature of the violations led to an additional assessment of a $9,128 civil money penalty.
WHD investigators found that from January 11, 2015, to January 6, 2018, the defendants paid employees their straight-time rates, in unrecorded cash, for their overtime hours instead of paying them time-and-one-half for those hours as required by the FLSA. This practice led to recordkeeping violations when the defendants failed to maintain records concerning this payment to workers. Additional recordkeeping violations resulted when the employer's records failed to include any information at all for some employees.
In addition to requiring payment of the back wages, damages, and penalty, the consent judgement enjoins the defendants from future FLSA violations.
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