You may be here because you know by this point that this Los Cocos Back Wages Lawsuit actually targets a really major problem at Los Cocos Mexican Restaurant, right? Well, just so you know though, it is a case against the owners of the restaurants located in Andover, Derby, and Wichita in Kansas, accused of violating various laws in paying wages to their workers. Like, these owners Sergio Delgado, Luis Alfaro, and Jose Alvaro de Leon kept their employees working from May 2017 till December 2022, and sure enough, it happened that servers’ tips were being used unjustly to pay other staff such as bussers and hosts. In addition to this, many workers especially those involved in cooking and other kitchen activities did not receive overtime pay, some employees earned below the required legal minimum wage, and that’s straight up illegal. How?
Well, the case was referred to the court by the U.S. Department of Labor. Violation of the Fair Labor Standards Act (FLSA) by the owners was made, according to the complaint. This particular act is supposed to protect the workers’ right to be paid fairly for the work they do. This was not the first company, actually, to be sued in this way, keep that in mind. Los Cocos was previously found guilty of similar slippages in 2009.
How Long Has All Of This Been Going On?
Well, if you aren’t keeping up, well, just know that the action officially commenced in January 2022, with a complaint filed by the Department of Labor, even though the transgressions spanned over several years beginning May 2017 until December 2022. Sure enough, one thing we can say for sure, a lot of employees were affected during this time. On August 30, 2024, a jury in Kansas made the final decision.
Keep in mind though that it did not concern a single error, it showed a continued pattern of unfit treatment of the workers, which is why it was such a big deal in court.
What Exactly Did the Owners Do Wrong?
As per the case details that are already out, you see, the owners of Los Cocos restaurants committed three main violations.
First, they messed with tips. You know, workers like servers earn tips from customers, but instead of letting servers keep what they earned, the owners use some of those tips to pay other workers, like bussers and hosts. That is illegal, no two ways about it.
Second, they didn’t pay for overtime. When cooks and other back-of-the-house employees would work beyond the prescribed 40 hours, they were supposed to be compensated. Owners didn’t do this, and that’s illegal too.
Third, they were below minimum wage. Some workers weren’t paid what they deserved under the law. Also, they lack proper time and payment records and this made the situation worse, that’s for sure.
What Did the Jury Decide?
Well, onto the good part of this lawsuit now, you see, in August 2024, the ruling federal jury found the owners guilty for the subject and thesis of repayment to be ordered to their respective workers. And just so you know though, in total, that came up to $957,324. That money will be distributed among 168 needy workers who have suffered for years.
So, here’s how it breaks down:
- $567,291 is for workers whose paycheck had been cut under illegal tip-including practices, you know?
- $276,115 uncovered mainly unpaid overtime for cooks and kitchen workers. Sure!
- $88,590 covered tips that had been wrongfully withheld.
- $25,328 addressed other minimum wage issues.
Keep in mind though, in addition, there was an order previously in November 2023 when the owners were directed to pay some servers back $16,734 for unpaid overtime. This amount has yet to be paid, bringing the total due to nearly one million dollars.