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DOL Recovers $63,645 for 8 Austin Restaurant Workers Denied Overtime

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Summary

The US Department of Labor's Wage and Hour Division recovered $63,645 in back wages for eight workers at El Beto's Tacos LLC, doing business as Beto's Restaurant and Bar in Austin, Texas. Investigators found the employer violated the Fair Labor Standards Act by failing to pay the required time-and-a-half overtime premium and by illegally deducting uniform expenses from the wages of tipped employees.

“Division investigators determined that on average, employees worked over eight overtime hours weekly, but Beto's did not pay them the required overtime premium of time-and-one-half per hour.”

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What changed

The DOL investigation found that Beto's Restaurant and Bar failed to pay overtime premium rates of time-and-a-half per hour for overtime hours worked, averaging over eight hours weekly per employee, and failed to compensate workers for duties performed after shifts. The employer also deducted uniform expenses from tipped employees, resulting in pay below the minimum wage for all hours worked. Restaurant employers, particularly those employing tipped workers, should review their timekeeping and pay practices to ensure compliance with FLSA overtime and minimum wage requirements.

Food service operators with tipped employees should audit their pay practices for compliance with tip credit rules and post-shift work compensation. The DOL's Wage and Hour Division offers compliance assistance resources and a self-reporting program (PAID) for employers to resolve potential violations proactively.

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Apr 22, 2026

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News Release

US Department of Labor recovers nearly $64K for 8 Austin restaurant workers denied overtime wages

Beto’s Restaurant and Bar also illegally deducted pay AUSTIN, TX – The U.S. Department of Labor has recovered $63,645 for eight workers after an investigation found an area restaurant violated federal wage and hour laws.

The department’s Wage and Hour Division found that El Beto’s Tacos LLC – doing business as Beto’s Restaurant and Bar – failed to pay for overtime hours worked and illegally deducted wages from tipped employees, in violation of the Fair Labor Standards Act.

Division investigators determined that on average, employees worked over eight overtime hours weekly, but Beto’s did not pay them the required overtime premium of time-and-one-half per hour. Additionally, the employer did not compensate workers for duties performed after completion of their shifts. The division also found that the employer deducted uniform expenses from the wages of tipped employees, resulting in the workers being paid less than the minimum wage for all hours worked.

“Wage violations, including failing to track and pay for all hours worked, continue to be a major concern for workers in the food services industry,” said Wage and Hour Division Acting District Director Charles Frasier, in Houston, Texas. “The Wage and Hour Division offers assistance to employers to help them avoid these kinds of violations and will continue to assure that workers get all the pay they have earned.”

Workers and employers can call the Wage and Hour Division with questions and requests for compliance assistance at its toll-free helpline, 866-4US-WAGE (487-9243). The agency’s PAID program offers employers an opportunity to self-report and resolve potential minimum wage and overtime violations under the FLSA, as well as certain potential violations under the Family and Medical Leave Act.

Learn more about the Wage and Hour Division, including a search tool that workers can use if they think they may be owed back wages collected by the division. Download the agency’s free timesheet app for iOS and Android devices to track hours and pay.

Agency Wage and Hour Division Date April 21, 2026 Release Number 26-564-DAL Media Contact: OPA West Media Email opa-west-media@dol.gov Share This
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More News Releases Previous US Department of Labor recovers $30K after employer violates worker’s Family and Medical Leave Act rights Next Up US Department of Labor seeks to return $128K in recovered wages to more than 200 current, former Puerto Rico Police Department officers

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Last updated

Classification

Agency
DOL
Published
April 21st, 2026
Instrument
Notice
Branch
Executive
Legal weight
Non-binding
Stage
Final
Change scope
Substantive

Who this affects

Applies to
Employers Retailers
Industry sector
7225 Food Services
Activity scope
Wage and hour compliance Overtime pay Tip credit practices
Geographic scope
Texas US-TX

Taxonomy

Primary area
Employment & Labor
Operational domain
Compliance
Compliance frameworks
FLSA
Topics
Consumer Finance Consumer Protection

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