demo_news
03-24-2006, 11:17 PM
No Overtime Paid
Woodland restaurant may have to close its doors if it doesn't pay
By MONICA KRAUTH/Democrat Staff Writer
El Charro waiter Cesar Osorio has not been paid any overtime since he started working there in 1999.
He wanted management to pay him for the average of 10 hours a week of overtime he was owed. He didn't think they could afford it, so he didn't bother asking.
He is one of 14 employees who are owed compensation from the restaurant that has failed to pay them regular wages since December.
Allegedly, this has been going on since 1999 and the consequence is that the restaurant will have to shut its doors once the audit is complete.
The audit is for regular, overtime and split shift wages which could total $75,000-$100,000. These wages will be collected on behalf of the employees.
Now the investigators are taking questionnaires from employees. Some of the questions include some background information on their work history, such as last time they were paid.
Hugo Rodriguez, owner of El Charro, was unavailable for comment yesterday when six investigators from the Economic and Employment Enforcement Coalition came to the restaurant and conducted interviews with each employee who was working the lunch shift.
Later that day, just before the doors typically open for dinner, he refused to comment.
The other major labor violation that El Charro faces is that it hasn't had Worker's Compensation Insurance, also since 1999, according to the rating bureau database used by the EEEC.
The EEEC is a partnership of state and federal agencies that targets enforcement against labor law violators.
The investigators came to the scene as a result of an "anonymous tip," which is typical for a lot of these cases, they explained.
But what typically takes 3-4 months to get the audits complete, El Charro has been placed as a "high priority" because owners have expressed interest in selling the business.
Workers, like Ricardo Torres, work in hope of getting paid overtime.
"I don't think we should ask (Rodriguez). He should just pay us. I don't mind being fired; I just never complained. I can always find another job (if the business closes). It's not my problem. I'm just sorry about the boss," Torres said.
Osorio, on the other hand, said he would be sad if the restaurant closes because he's been working there for six years. He has a son, age 6, and a daughter, age 7 for whom he needs to provide.
For workers who aren't as outspoken as Torres, investigators who wish to conduct a comprehensive audit may face challenges.
They assure the workers of their rights and let them know that retaliation from their employer is not allowed.
If El Charro is forced to close and if it wishes to reopen, then it must immediately obtain the workers' compensation insurance in addition to paying for the outstanding wages owed to its employees.
If Rodriguez does decide to sell El Charro, money received would first go toward paying back the employees and the business would keep what's left over.
Woodland restaurant may have to close its doors if it doesn't pay
By MONICA KRAUTH/Democrat Staff Writer
El Charro waiter Cesar Osorio has not been paid any overtime since he started working there in 1999.
He wanted management to pay him for the average of 10 hours a week of overtime he was owed. He didn't think they could afford it, so he didn't bother asking.
He is one of 14 employees who are owed compensation from the restaurant that has failed to pay them regular wages since December.
Allegedly, this has been going on since 1999 and the consequence is that the restaurant will have to shut its doors once the audit is complete.
The audit is for regular, overtime and split shift wages which could total $75,000-$100,000. These wages will be collected on behalf of the employees.
Now the investigators are taking questionnaires from employees. Some of the questions include some background information on their work history, such as last time they were paid.
Hugo Rodriguez, owner of El Charro, was unavailable for comment yesterday when six investigators from the Economic and Employment Enforcement Coalition came to the restaurant and conducted interviews with each employee who was working the lunch shift.
Later that day, just before the doors typically open for dinner, he refused to comment.
The other major labor violation that El Charro faces is that it hasn't had Worker's Compensation Insurance, also since 1999, according to the rating bureau database used by the EEEC.
The EEEC is a partnership of state and federal agencies that targets enforcement against labor law violators.
The investigators came to the scene as a result of an "anonymous tip," which is typical for a lot of these cases, they explained.
But what typically takes 3-4 months to get the audits complete, El Charro has been placed as a "high priority" because owners have expressed interest in selling the business.
Workers, like Ricardo Torres, work in hope of getting paid overtime.
"I don't think we should ask (Rodriguez). He should just pay us. I don't mind being fired; I just never complained. I can always find another job (if the business closes). It's not my problem. I'm just sorry about the boss," Torres said.
Osorio, on the other hand, said he would be sad if the restaurant closes because he's been working there for six years. He has a son, age 6, and a daughter, age 7 for whom he needs to provide.
For workers who aren't as outspoken as Torres, investigators who wish to conduct a comprehensive audit may face challenges.
They assure the workers of their rights and let them know that retaliation from their employer is not allowed.
If El Charro is forced to close and if it wishes to reopen, then it must immediately obtain the workers' compensation insurance in addition to paying for the outstanding wages owed to its employees.
If Rodriguez does decide to sell El Charro, money received would first go toward paying back the employees and the business would keep what's left over.