Federal Law Suit Filed
Contact Person: Beth Drake (803) 929-3000
Columbia, South Carolina ----- United States Attorney Bill Nettles announced today that Thomas Perez, Secretary of the Department of Labor, has instituted a civil action against Pancho Villa of Gaffney, Inc., d/b/a Santiago’s Mexican Restaurant and Grill and Juan S. Zarrabal to recover unpaid minimum wages and overtime compensation for wait staff employed by the Defendants. The Complaint alleges since September 25, 2010, Defendants repeatedly and willfully violated the provisions of §§ 6 and 15(a)(2) of the Act, 29 U.S.C. §§ 206 and 215(a)(2), by failing to pay wait staff any wages. The Complaint further alleges Defendants knowingly failed to compensate employees who worked in excess of 40 hours per week.
The Secretary of Labor seeks Judgment pursuant to § 17 of the Act, 29 U.S.C. § 217, to permanently enjoin the Defendants, their officers, agents, servants, employees and all persons in active concert or participation with them from violating the provisions of §§ 6(a), 7(a), and 11(c) of the Act and pursuant to § 16(c) of the Act, 29 U.S.C. § 216(c); an award of back wages for a period of three (3) years prior to the commencement of this action and an additional equal amount as liquidated damages to the employees.
United States Attorney Nettles said we are charged with protecting the people of South Carolina. Protecting hard working South Carolinians is a passion in this office.
Secretary Perez said that this action demonstrates the federal government’s commitment to ensuring that our nation’s wage and hour laws are followed and that workers receive the wages to which they are entitled.