Duong Phong Oriental Bakery in New Orleans made news during Carnival when its king cake became one of the most in-demand of the season. Recently, it made news of another kind when the U.S. Department of Labor’s Wage and Hour Division found it in violation of the Fair Labor Standards Act. As a result, it may have to pay $127,128 in back wages to 43 employees to cover overtime and record-keeping violations. According to investigators, Duong Phuong didn’t always pay employees when they worked more than 40 hours in a week, and it paid some employees in cash under the table, violating payroll bookkeeping rules in the process.
According to Betty Campbell, Wage and Hour Division Regional Administrator, “Employees who work long, hard hours to make ends meet count on being paid for every hour they work, including the time-and-one-half the law requires when they work overtime. The U.S. Department of Labor is committed to ensuring that employees receive the wages they’ve earned, and that employers compete on a level playing field where everyone plays by the same rules.”
The drama of TPS and refugees trying to enter the country get a lot of the attention these days, but many of the issues employers face are more basic. They need to pay attention to the record-keeping processes because I-9 and other worksite enforcement efforts are on the rise. If they have any questions or need legal advice, they should consult an experienced immigration attorney.
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