Maya Mexican Restaurant must pay $42,000 after U.S. Department of Labor investigation

February 1, 2023 | By Muddy River News

Maya Mexican Restaurant, 4420 Broadway

QUINCY — Maya Mexican Restaurant, 4420 Broadway, must pay $42,000 in unpaid wages, damages and penalties after a U.S. Department of Labor investigation found a violation of the Fair Labor Standards Act in which the business shortchanged the pay of 11 workers of overtime and minimum wage for a two-year period.

U.S. Department of Labor’s Wage and Hour Division reviewed payroll records from Nov. 11, 2018 through Nov. 7. 2020, and determined workers did not receive overtime compensation at time and one-half their hourly rate of pay for hours over 40 in a workweek and in some cases did not earn the federal minimum wage of $7.25 per hour. The division found 11 cooks, dishwashers, servers and one non-exempt salaried manager were affected by the employers’ failures.

After the owner, Rigoberto Cobain, failed to reach a compliance agreement with the Wage and Hour Division, the department filed suit on Nov. 10, 2021.

Judge Sue E. Meyerscough ruled Jan. 18, 2023 in her consent order that Maya Mexican Restaurant and Cobain do the following:

Immediately pay $15,000 in back wages and $15,000 in liquidated damages within 120 days.
Pay a civil money penalty of $12,500 within 180 days.
Provide the last-known contact information for employees owned wages.
Display a poster of the Fair Labor Standards Act requirements in both English and Spanish.
Display a copy of the consent order and judgment for a period of at least 180 days.
Comply with the FLSA at all current and future locations operated by company and/or Cobain in Illinois and Missouri.
Maintain accurate time and payroll records.

“Wage violations in the restaurant industry are far too common and often hurt the very vulnerable workers, many of whom do not know their rights under federal wage laws,” Wage and Hour District Director James Yochim said in a press release. “Every dollar restored for workers represents justice for those wrongly denied their rightful wages by a business operator who shortchanged them.”