- Written by Jacquelyn E. Larson
By: Jacquelyn E. Larson
According to a Department of Industrial Relations’ (“DIR”) press release, Zihan Zhang, owner of Antique Thai Cuisine in San Diego, was sentenced to two years of jail time for “grand theft” and labor violations. According to the DIR, Zhang promised wages to workers but then often paid only in tips. Some of the kitchen staff were paid as little as $4 an hour, and were forced to work during breaks and meal periods. The owner further collected a portion of the tips from the workers, and charged them $5 a shift for “glass breakage” to offset the employer’s operating costs.
According to the press release, this all came to light in 2014 after some of the workers filed wage claims with the Labor Commissioner’s Office. The Labor Commissioner’s Office cited Antique Thai $36,617 in July of 2014, including assessments of $14,567 for rest and meal period premiums, wages, overtime and liquidated damages, and civil penalties of $22,050 for failure to provide itemized wage statements as well as overtime, minimum wage, rest and meal period requirements.
UPDATE: All for Naught? Court Expedites DOL’s Appeal of Overtime Rule But Challenge Won’t Be Heard Until After Inauguration
- Written by Gregory Blueford
By: Gregory Blueford
Last week, a U.S. Appeals Court granted the Department of Labor’s (“DOL”) motion to expedite the briefing process in its appeal to the preliminary injunction, which has delayed the implementation of the DOL’s proposed overtime rule. You can read more about the proposed rule here, which would have increased the federal “white collar” overtime exemption from $23,660 to $47,479, and the injunction granted by a U.S. District Court (here). The DOL hopes to have the injunction order overturned quickly, so that the overtime rule can go into effect as soon as possible.
With the expedited briefing schedule granted, the DOL’s opening brief is due on December 16, 2016 and the final reply brief by the DOL is due January 24, 2017. The Court also indicated that it would schedule oral argument for the first available hearing after the final reply brief is filed. While this is certainly a minor victory for the DOL, it may end up being all for naught as President-Elect Donald Trump is set to be inaugurated on January 20, 2017.