In the realm of Business, ensuring fair compensation and adhering to wage laws are fundamental responsibilities. A recent lawsuit filed by the U.S. Department of Labor (DOL) against a taco restaurant sheds light on the critical importance of compliance with wage regulations and the dire consequences that violations can bring. 

Asure’s HR experts help business owners comply with federal, state, and local employment laws. Learn how to protect your business here. 

177 Employees Denied Wages at Taco Restaurant 

The DOL initiated legal action in September 2023, seeking a total of $823,324 in back wages and liquidated damages for 177 employees across three taco restaurant locations. The lawsuit accuses three taco restaurants and their owner of violating the Fair Labor Standards Act (FLSA) through various alleged infractions. 

The violations uncovered during the investigation by the department’s Wage and Hour Division were alarming. The employers were found to require tipped workers to surrender a portion of their tips to managers after each shift, which were then redistributed to non-tipped employees, including kitchen staff. Additionally, they failed to pay tipped employees the federal minimum wage of $7.25 per hour and miscalculated overtime pay based on the tip credit rate instead of the applicable minimum wage rate. The employers also neglected to maintain accurate records of employees’ hourly rates of pay and overtime premiums. 

To compound the consequences, the division imposed $23,904 in civil money penalties on the owner and his three restaurants for these violations. 

A Widespread Issue 

Mary O’Rourke, Wage and Hour District Director in Michigan, expressed concern over the frequent violations within the restaurant industry, emphasizing that compliance with wage laws and respecting employees’ rights is paramount. “Workers have the right to be paid fairly and fully for the jobs they do, and employers must respect these rights,” she stated. 

For small and midsize business owners, this lawsuit serves as a sobering reminder of the legal and financial repercussions that can arise from failing to comply with wage laws. Adhering to employment regulations, particularly those governing wages, is not just a matter of legality but a moral obligation to ensure fair treatment of employees. 


This case underscores the critical need for businesses to prioritize compliance with employment laws. The fair treatment of employees, both in terms of wages and rights, is not negotiable. By upholding these standards, businesses can avoid legal entanglements, build a positive work environment, and ultimately contribute to a more just and equitable society. 

Asure’s HR experts help business owners comply with federal, state, and local employment laws. Learn how to protect your business here. 

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