The U.S. Department of Labor said it has recovered more than $127,000 in back wages and damages for the 18 workers who “got the special.”
Reached by phone on Tuesday, owner James Brennan Carter freely admitted his role in the situation but offered a defense.Sign up for NBC San Diego newsletters.
Jimmy Carter's restaurant has been a mainstay in the San Diego dining scene for decades; at one point, there were multiple locations, including a spot on Washington Street in Mission Hills, but the mini-chain has now shrunk to a single cantina, on 5th Avenue in Bankers Hill. “Restaurant employers such as Jimmy Carter’s Mexican Café cheat workers and commit wage theft when they refuse to pay employees’ earned overtime wages,” Wage and Hour District Director Min Park-Chung of the Labor Department. “Cooks and servers often work long hours and, like all workers, must be paid in compliance with federal labor laws. Employers who undercut their workers’ wages will be held accountable.
For his part, Carter maintains that he paid the staff for their overtime hours but not at the overtime rate. He said that if he limits the hours he pays kitchen workers to 40 hours a week, they have to go find another job somewhere else in order to afford to live in San Diego. Carter added that he started the practice when one employee was taking a bus to La Jolla to work as a janitor, so, Carter said, he gave the worker"a little raise" and paid him the regular rate for overtime work.
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