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March 17, 2012

Fourteen San Francisco restaurant workers will receive $230,535 in unpaid overtime under terms of a settlement between the restaurant and the California Department of Industrial Relations Division of Labor Standards Enforcement, the labor commissioner’s office announced March 8.

The state last December charged the owners of Big Lantern Restaurant in San Francisco with violating Labor Code Section 1197.1 for failing to pay the minimum wage after an investigation following a worker’s wage claim.

The owners of the popular Chinese restaurant had until March 7 to pay $170,750 to restaurant workers and $63,084 to delivery drivers, according to the settlement. Workers, who are mostly immigrants, will receive sums from $457 to $38,881. The restaurant also paid $5,300 to the DLSE.

The state worked with the San Francisco Office of Labor Standards Enforcement, the Asian Law Caucus, and the Chinese Progressive Association in the investigation. The same collaboration was credited last month in workers at two San Francisco Vietnamese restaurants—Pho Clement and Pho Clement 2— recovering $316,000 in back wages and tips, and for missed meal and rest breaks.

California employers are required to pay time-and-one-half overtime for hours worked in excess of eight in a day and 40 in a week, and double time after 12 hours a day or beyond eight hours on the seventh consecutive working day.  03.14.2012

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