The U.S. Department of Labor is seeking back wages and other damages for 33 current and former workers at McMenamy's Restaurant and Banquet Center, 325 Youngstown Warren Road, Niles.
According to a release issued Thursday, owner Richard Leonard and general manager, Robert Leonard, are named as defendants in the case.
The release states that the department is also seeking civil monetary penalties for the repeated nature of the minimum wage, overtime and child labor violations. A 2003 investigation of the company disclosed overtime, record-keeping and child labor violations of the Fair Labor Standards Act.
The investigation spanned the period between Sept. 1, 2009, through Aug. 31, 2011 and found that the four defendants violated the FLSA by failing to pay required minimum wage and overtime compensation amounting to $3,207 to the 33 employees. Civil monetary penalties sought for the repeat violations amount to $23,141, the release states.
Additionally, the company violated the act’s child labor regulations by requiring three employees ages 14 and 15 to work beyond the hours allowed by the FLSA,, often as late as 11 p.m., resulting in child labor civil monetary penalties of $3,130, the release states. Fourteen- and 15-year-olds are only permitted to work between 7 a.m. and 7 p.m., except from June 1 through Labor Day, when evening hours are extended to 9 p.m.
The suit also requests to have Kelly Greens Investment Co. Inc., McMenamy’s and Richard Leonard placed under permanent injunction from violating the provisions of the FLSA in the future.
