El Charro Restaurants Failed To Pay Employees Proper Overtime Wages: Labor Department

VIRGINIA — A report from the U.S. Department of Labor claims that the operator of five El Charro restaurants in Virginia violated labor guidelines. The report said that restaurants failed to properly compensate employees for overtime work and allowed underaged employees to work past the hours allowed by law.

The Fair Labor Standards Act requires employers to pay workers 1.5 times their normal hourly rate when working more than 40 hours in a week. The act's child labor provision limits the times of day and number of hours that 14 and 15-year-olds can work.

Labor officials said the operator runs five El Charro restaurants: two in Harrisonburg, one in Fredericksburg, one in King George County, and one in Bridgewater. They also operate La Naranja Cocina Mexicana in Orange County.

The Department of Labor's investigation found that El Charro owed $196,350 in back wages to 55 employees for overtime compensation. The restaurant operator will also face $4,027 in civil penalties.

Authorities also said the El Charro operator allowed six underaged employees to work beyond the hours allowed in the Fair Labor Standards act. During the investigation, officials claimed that the employer did not maintain accurate records for locations and did not have a Family Medical Leave Act policy in place.

“As restaurants struggle to find the workers they need to remain competitive, they must remember that retaining and recruiting workers is harder for employers who fail to respect workers’ rights and pay them their full wages, and who violate labor laws in general,” Wage and Hour Division District Director Roberto Melendez said in a news release. “Employers who fall short of their obligations will be held legally accountable.”

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