DOL Sues Bakery for Overtime Violations

Current and former employees at a Texas bakery will split the dough from any recovery the U.S. Labor Department gets for them in an overtime pay lawsuit filed yesterday.

The suit filed by the DOL names as defendants Tango Bakery Inc. – doing business as Tango Bakery – and its two owners, Adrian Gordillo-Ross and Sergio Mendoza.

According to the lawsuit, the defendants failed to pay 20 current and former employees $75,218 in overtime pay in violation of the Fair Labor Standards Act.

Investigators from the division’s Dallas District Office found the Garland, Texas-based bakery failed to pay its bakers, baking helpers and front sales workers properly because they paid straight time for all hours worked and failed to pay overtime at time and one-half for hours worked over 40 in a work week. The company also failed to pay some employees for all of the hours they worked.

Additionally, on the occasion that the employer did pay overtime, they failed to include bonuses employees received for working late in the work day in the overtime rate payment made on those days. Investigators also determined the company failed to keep accurate time and pay records and falsified others, violating the FLSA’s recordkeeping requirements.

DOL is seeking $150,437 in back wages and liquidated damages for workers.

The defendants are getting it from another side also. DOL also said that it had filed an action with the department’s Office of Administrative Law Judges seeking $7,700 in civil money penalties assessed against the employer and its two owners for willful violations of the Act.

Here’s the announcement of the lawsuit.


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