The U.S. Department of Labor (DOL) has filed a lawsuit against Wang's Partner Inc., doing business as Hibachi Grill & Supreme Buffet in Georgia, and its owner, to recover unpaid wages and damages under Fair Labor Standards Act (FLSA). The department is seeking $1,997,726 in back wages and liquidated damages for 84 employees.
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The lawsuit is based on an investigation by the department's Wage and Hour Division (WHD), which found numerous violations of the FLSA. The lawsuit has been filed by the department's Office of the Solicitor in the U.S. District Court for the Northern District of Georgia.
Investigators found that the employer misclassified servers as independent contractors, failed to pay servers and kitchen staff at least the federal minimum wage, and failed to pay overtime compensation at time and one-half employees' regular rates for hours worked beyond 40 in a work week.
Additionally, the employer did not maintain accurate records of hours worked and wages paid.