US Department of Labor recovers $107K in back wages for 27 restaurant workers denied overtime pay

DENVER – The U.S. Department of Labor recovered $107,300 in back wages from an Aurora-based Thai restaurant that denied 27 employees overtime pay and kept some of their tips, in violation of federal law. 

Investigators with the department’s Wage and Hour Division determined that owners of Kaimook Inc. – doing business as Pearl of Siam – violated the overtime provisions of the Fair Labor Standards Act when they improperly determined overtime on a pay-period basis and failed to pay workers overtime premiums based on each standalone 40-hour workweek. Division investigators also found the employer kept some of the workers’ tips.

The FLSA requires most employees in the U.S. be paid at least the federal minimum wage for all hours worked and overtime at a rate of no less than time-and-one-half their regular rate of pay for all hours worked over 40 in a workweek. It also prohibits the retention of tips even when the employer does not rely on the tip credit to meet the minimum wage.

“No employee should be denied overtime pay or have employers take portions of their hard-earned tips,” said Wage and Hour Division District Director David Skinner in Denver. “The Fair Labor Standards Act mandates premium pay for overtime hours worked by non-exempt employees, and prohibits employers, managers, and supervisors from keeping any portion of other employees’ tips for themselves for any purpose.” 

Learn more about the Wage and Hour Division, including a search tool to use if you think you may be owed back wages collected by the division. Workers and employers can call the division’s toll-free helpline for compliance assistance at 866-4US-WAGE (487-9243). 

Download the agency’s free Timesheet App for iOS and Android devices to ensure hours and pay are accurate.