U.S. Department of Labor Investigation Leads to Court Order for Ann Arbor, Michigan, Restaurant to Pay $112,212 in Back Wages

ANN ARBOR, MI – An investigation by the U.S. Department of Labor’s Wage and Hour Division found that Min & Kim Inc., an Ann Arbor restaurant doing business as Seoul Garden of Ann Arbor, violated the Fair Labor Standards Act (FLSA). Min & Kim Inc. was ordered by a federal court to pay $112,212 in back wages to 27 employees to resolve alleged federal wage violations, including failure to pay overtime and maintain accurate payroll and time records.

Investigators determined Min & Kim Inc. paid cooks, sushi chefs, cooks’ helpers, servers, dishwashers, and busboys a flat amount of money per day, regardless of the number of hours they worked. When employees worked beyond 40 hours in a workweek, the company failed to pay legally required overtime.

“The Department of Labor is committed to ensuring employees receive the wages they have rightfully earned, and that employers compete on a level playing field,” said Wage and Hour District Director Timolin Mitchell, in Detroit. “Employers can avoid wage violations by contacting the Wage and Hour Division for assistance to ensure they are in compliance with the Fair Labor Standards Act.”

The order by the U.S. District Court, Eastern District of Michigan, Southern Division resolves a lawsuit brought by the Department against the restaurant and its owners, Kounwoo Hur and Sung Hee Kim, to recover the wages.

For more information about the FLSA and other laws enforced by the Wage and Hour Division, contact the Division’s toll-free helpline at 866-4US-WAGE (487-9243). Information is also available at http://www.dol.gov/whd including a search tool to use if you think you may be owed back wages collected by WHD.

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Court: U.S. District Court for the Eastern District of Michigan, Ann Arbor

Docket Number: 2:15-cv-14310