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Cook Accuses Chinese Restaurant of Falsifying Wage Records

A Chinese restaurant in Dallas is being accused by a former employee of tampering with its records, after the employee filed a complaint.

The employee alleged that Mr. Chopsticks Inc. failed to pay her overtime wages. She also claims that the company altered its records after she filed a complaint with the Department of Labor.

The plaintiff, Marlene Lopez, worked as a cook at the restaurant for over ten years. She claims that she worked an average of 60 hours a week and was paid between $9 and $11 an hour.

She never got overtime pay, she claims.

The lawsuit references the initial complaint filed in October 2011 with the Department of Labor.

After that complaint was filed, Lopez’s lawsuit claims that the company ordered that the all computerized payroll records be altered to show that employees worked at a lower hourly rate.

If this is true, it could be a costly mistake for the company. As if it’s not enough for the company that they have a wage and hour lawsuit, they may have also gone one step further and falsified records. That could be cause for some stiff penalties.

Wage and hour laws set out the minimum wage that employees must be paid. They also state that employees who are classified as non-exempt are entitled to overtime pay for working over 40 hours. This pay is equal to time-and-a-half of the employee’s regular pay.

Exempt employees don’t need to be paid overtime. These include employees who are paid at least $23,600 per year, are on a salary basis and perform exempt job duties.

Exempt job duties fall into three categories: Executive, professional and administrative. For more information on exempt versus non-exempt employees, have a look at our related resources.

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