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October 17, 2022

Simco’s Roslindale, Mattapan; the owners did not pay minimum wage, overtime to 20 workers

BOSTON – A federal court has ordered two Boston restaurants to pay $195,680 in back wages and liquidated damages after a U.S. Labor Department investigation found the employers intentionally failed to pay some workers required minimum wage and overtime compensation. The department also imposed a monetary penalty of $14,980.

Investigators from the department’s Wage and Hour Division found that Simco’s Restaurant of Roslindale Inc. – operating as Simco’s Roslindale – and Simco’s Restaurant Inc. – operating as Simco’s Mattapan – and their owners, Denise and Evangelos Fotopoulos, violated the Fair Labor Standards Act:

“Too often, we find violations like this in the food service industry,” said Boston Wage and Hour District Director Carlos Matos. “Employers in the industry need to understand that failure to pay minimum wage and overtime required by federal law makes it harder for workers and their families to cope and can have costly consequences for business owners.”

In addition to recovering $97,840 in back wages and an equal amount in liquidated damages, the consent judgment and injunction obtained by the department’s Attorney’s Office in the U.S. District Court for the District of Massachusetts permanently enjoins and restrains the restaurant and its owners. Violating the minimum wage, overtime, and recordkeeping requirements of the FLSA.

The order also requires cooperation in future investigations, prohibits firing or discriminating against employees because that employee engages in FLSA-protected activity, such as filing, providing information, or cooperating with a complaint. research

In fiscal year 2021, the division recovered more than $34.7 million in back wages for 29,209 food service workers. The Bureau of Labor Statistics projects that in August 2022, 1.2 million jobs were created in the lodging and food service industry, while 1,022,000 lodging and food service workers lost their jobs.

See the consent judgment and order.

The FLSA requires that most U.S. workers be paid at least the federal minimum wage for all hours worked and overtime pay at less than one-half the regular rate of pay for all hours worked over 40 in a workweek.

For more information about workers’ compensation and other employee rights enforced by the division, contact the toll-free hotline at 866-4US-WAGE (487-9243). Employees can call the Wage and Hour Division confidentially with questions regardless of immigration status, and the department can speak to callers in more than 200 languages. Learn more about the Wage and Hour Division, including a search tool to use if you believe you may be owed back wages collected by the division.

Download the agency’s new Timesheet app, now available for Android and iOS devices, to ensure your hours and payments are accurate.