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Vol. 124 Thursday, November 05, 2009 No. 218
Farris Bobango PLC TDN Blog

Tasty Buffet Owes Big Fine for Federal Labor Violations

TOM WILEMON | The Daily News

The owners of Tasty Buffet are more than two years past due on a fine for federal labor violations that has been doubled to $459,658.

The U.S. Department of Labor is seeking a civil contempt ruling against Min Fang Yang and Huo Guang Huang, who own the Chinese restaurant in Poplar Plaza. A lawyer for the owners has been granted an extra two weeks to respond to the government’s petition so they can line up an interpreter and secure documents from an accountant based in New York.

The owners could not be interviewed because they do not speak English. Restaurant employee Elaine Yee said the owners hope to renegotiate the fine. The owners provided free food and lodging to the workers in addition to paying wages, she said, and did not understand the labor rules. The restaurant is currently abiding by the wage rules and still helping workers with lodging, she said.

“They are willing to do what needs to be done, but not this outrageous amount,” Yee said.

But a spokesman for the Labor Department said the owners have already had their day in court – more than once. The U.S. District Court in Memphis in August 2007 issued a judgment for violations of the Fair Labor Standards Act against the individuals for failing to pay the minimum wage rate and abide by rules for overtime wages. The restaurant owners then filed an appeal with the U.S. Court of Appeals for the Sixth Circuit, which denied their request.

“At this point, you would expect the restaurant to pay,” said Michael Wald, regional director of public affairs for the Labor Department.

He said it is unusual for a business not to have abided by a court order at this point.

“The normal process simply requires them to pay the back wages to the employees and promise not to violate in the future, to which point we would be done,” Wald said. “In a normal investigation, that’s kind of how it could conclude. But in this case, the restaurant did not pay the back wages, so the Wage and Hour Division went to court to enforce this ruling.

“It did go to court, and the court ruled in favor of the Wage and Hour Division. Then the defendant chose to appeal the decision.”

Now that the appeal has been denied, the time has come for the restaurant to pay up, Wald said.

The owners of the restaurant have until Tuesday to respond to the Labor Department’s petition for a civil contempt judgment.

The Fair Labor Standards Act requires that covered employees be paid at least the federal minimum wage for all hours worked and time and a half their regular pay rate for labor beyond 40 hours in a workweek.

The Labor Department is seeking post-judgment interest on the $459,658 and court costs from the expenses.

“Employees have waited long enough for their back wages and ... the earnings awarded them in the original court judgment,” said Oliver Peebles III, acting regional administrator for the Wage and Hour Division in Atlanta.

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