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The Examiner.com recently reported that 63 current and former servers, kitchen workers, and cashiers will be paid $249,805 in back wages after the U.S. Department of Labor found that the Taqueria de Jalisco's three restaurants were not paying minimum wage or overtime to their employees.
Under the Fair Labor Standards Act, restaurant employees are entitled to overtime in Texas, and should be paid one and a half times their hourly wage for their hours worked over 40 in one week. The minimum wage of $7.25 must also be paid. If the worker is a tipped employee, it is the employer's responsibility to make sure that their tips plus the tipped-employee hourly wage of $2.13 equals the federal minimum wage. If it doesn't the employer must make up the difference. Tips belong to the employee, and are not required to be shared with non-tipped employees such as cooks or bussers. It was illegal, therefore, for Houston-based Taqueria de Jalisco to take tips from servers for lost silverware.
Two of the restaurants are located in Houston - one on South Post Oak Road and the other on Houston Blvd - and the third is on South Shaver Road in Pasadena, Texas.
If you are a restaurant worker not receiving overtime or correct hourly wages in Houston, contact the experienced Houston overtime lawyers at Kennedy Hodges for your free copy of the Ten Biggest Mistakes That Can Hurt Your Wage and Overtime Claim. Get your free copy by calling 888.449.2068 today, or by filling out the online form.