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Miyo’s Restaurant Settles Dispute Over Back Wages and Labor Violations

shutterstock_89182765High-End Columbia Restaurant Settles Dispute Over Labor Violations, Back Wages

High-end, popular Columbia restaurant chain Miyo’s was under federal investigation for labor violations.

They have now agreed to pay thousands of dollars in back wages to 97 employees, across several restaurants.

The restaurant chain owes more than $44,000 in unpaid wages to settle labor violations.

The US Department of Labor announced the fine for labor violations on Thursday morning, February 21st.

The federal investigation found that Miyo’s chains, run by restaurant owners Xiaolan (Michelle) Wang and Rui (Ray) Cao, were in violation of overtime, minimum wage, and record-keeping provisions at all seven locations in South Carolina. Investigators found that restaurant employees frequently worked more than 40 hours a week, but were not paid overtime wages. They also found that the restaurant chain did not keep accurate records of employees’ hours and wages. These offenses are in direct violation of the Federal Labor Standards Act.

“At all seven Miyo’s restaurant locations we found many low-wage employees working long hours, without any overtime compensation, and at times earning wages far below the federal minimum wage. Unfortunately, these types of labor violations are all too common in the restaurant industry,” said Michelle Garvey, director of the division’s Columbia office, in a press release.“The Wage and Hour Division is resolute in its commitment to increasing compliance in this industry. Our investigators continue to make unannounced visits to restaurants throughout South Carolina to remedy widespread labor violations and ensure a level playing field for law-abiding employers.”

“In addition to paying the back wages owed in this case, the chain of restaurants agreed to maintain future compliance with the FLSA by keeping accurate records of employees’ work hours, wages and other required employment information; paying all employees at least the federal minimum wage; and providing overtime compensation and informing employees in advance that the tip credit will be used.”

Officials from Miyo’s did not immediately return messages regarding the investigation into its labor violation.

Miyo’s has locations throughout the Columbia area, including Miyo’s South Main Street; M Café Sumter Street; M Vista Lady Drive; Miyo’s Forest Drive; Miyo’s Fashion Drive; and Miyo’s on East Bowery Parkway and Sunset Boulevard in Lexington.

Labor Violations in South Carolina

If you feel you are not receiving adequate pay for your overtime hours in violation of employment law , we may be able to help. According to the Fair Labor Standards Act (FLSA) anyone receiving hourly compensation, must be paid time and half for any hours worked over 40 during one work week. The FLSA, and other employment laws, may not cover weekends or holidays unless these are specifically overtime hours. Many times employers will pay extra for holiday or weekend hours, but it is not required, and is left to the discretion of the employer.

To be eligible for overtime pay, one must meet one or more of the following criteria

  • Receive less than $23,600 annually
  • Be a non-management employee performing maintenance, construction, installation, production, repair, clerical, secretarial and/or kitchen work
  • Be an hourly employee
  • Be a commissioned employee who does not regularly travel
  • Be a salaried employee earning less than $455 per workweek excluding executives, professional, administrative, or outside sales professionals

Filing A Claim Against An Employer For Labor Violations Can Be Tricky

When filing a complaint against your employer for labor violations including lost wages and mis-tracked hours, you may want to enlist the help of a South Carolina business litigation attorney. Understanding overtime laws can be daunting. The South Carolina business litigation attorney at the Strom Law Firm, LLC can help you interpret labor laws and settle any labor violations you have witnessed or experienced. Many overtime claim cases are won because the employer failed to keep adequate wage and hour records. The Strom Law Firm will investigate all aspects of your labor violations claim, and seek to secure you the compensation you have rightfully earned. Call us today for a free, confidential consultation. 803.252.4800.

About Pete Strom

Defending criminal charges including drug crimes, DUI, CDV, mail fraud, wire fraud, bank fraud, computer crimes, money laundering, and juvenile crimes, Pete also handles Federal and State investigations. Representing individuals in Civil Matters including Class Actions, Personal Injury, Qui Tam Actions, Defective Products, Nursing Home Neglect, and Professional Licensing Defense cases. Joseph Preston “Pete” Strom, Jr., the managing partner at Strom Law Firm, L.L.C., has been fighting for justice since 1984.

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