A Burlington restaurant owner implicated in a U.S. Department of Labor investigation has paid more than $100,000 in back wages and damages to 91 current or former employees to resolve overtime violations of the Fair Labor Standards Act. The owner of The Spot and Spot on the Dock paid $55,546 in back wages and the same amount in liquidated damages to current and former employees as well as $2,360 in penalties for child labor violations, the DOl said in a statement.
The DOL said investigators found The Spot LLC, which operates the two restaurants, violated FLSA overtime requirements by paying employees “straight-time rates” when they worked more than 40 hours in a workweek. By law, employers must pay non-exempt employees one-and-one-half times their regular rates for hours they work beyond 40 in a workweek.
Investigators also found that The Spot LLC allowed three 15-year-old employees to work outside of the hours allowed for that age group, with some working past 11:00 p.m., which is later than the 9:00 p.m. limit in effect from June 1 through Labor Day, and “far beyond” the 7:00 p.m. imposed from Labor Day through May 31. Minors also worked too many hours on school days and non-school days and exceeded limits imposed for school weeks. The employer also failed to maintain required records of minor employee’s birth dates, the DOL said.