A Server's Plea for Help Leads to $1.2 Million in Back Wages

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A Server’s Plea for Help Leads to $1.2 Million in Back Wages

Filed in Wage and Hour Issues Workplace Rights • By: Brian Cleasby • May 18, 2022



Diego Jimenez worked long hours as a server at La Carreta Mexican Restaurant in Derry, New Hampshire for over four years. Diego regularly worked over 50 hours a week, serving customers and cleaning the restaurant, but the only compensation he received for his hard work were the tips paid by restaurant patrons.

“I took pride in the level of service I provided to my customers,” said Diego, “but working only for tips made it so much harder for me to meet my family’s basic needs.” A native Spanish speaker, Diego thought his immigrant background may have factored into his employer’s decision to not pay him any wages. While Diego wanted to be paid the hourly and overtime wages owed to him under the Fair Labor Standards Act, he hesitated to file a complaint with the U.S. Department of Labor’s Wage and Hour Division while still employed by the restaurant.

Diego found other work prospects and left La Carreta. This new job gave him the security he’d been looking for and the confidence he needed to contact the division for assistance. Following an investigation and subsequent court action by the department, Diego Jimenez will receive $134,864 in back wages and damages from his former employer.

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Diego’s decision to contact the division for help was felt far beyond his personal situation. As word of the La Carreta investigation spread, our investigators received information that led to the investigation of additional businesses. These enforcement efforts ultimately resulted in our recovering $1,266,997 for 149 low-wage workers. As it turned out, a single call made all the difference.

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