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Case of the Month July 2025

Parties Reach $39.7K Settlement Against Restaurant Owners, Operators for FLSA Violations

Micone III v. Taco Stop MKE

Case Type:
Labor & Employment - Wage Disputes

Specific Liability:
Restaurants and their owners and/or operators failed to pay overtime compensation to employees and improperly divided credit card tips in violation of the Fair Labor Standards Act (FLSA)

General Injury:
Monetary Damages

Jurisdiction:
State: Wisconsin
United States District Court, E.D. Wisconsin.

Related Court Documents:
Plaintiff's complaint: 2024 WL 5402191
Memorandum of law in support of motion to approve consent judgment: 2025 WL 554449
Consent judgment and order: 2025 WL 554456

Case Name:
Micone III v. Taco Stop MKE et al.

Docket/File Number:
2:24CV00986

Result Amount:
$39,651

Result Date:
February 05, 2025

Judge:
Brett H. Ludwig

Attorneys:
Plaintiff: Seema Nanda, Solicitor of Labor - U.S. Department of Labor, Chicago, IL; Christine Z. Heri, Regional Solicitor - U.S. Department of Labor, Chicago, IL; Barbara M. Villalobos, Senior Trial Attorney - U.S. Department of Labor, Chicago, IL Defendant: Not reported

Result Type:
Settlement

Experts:
Plaintiff: Not Reported
Defendant: Not Reported

Breakdown of Award:
$19,825.58 to plaintiff for unpaid overtime compensation and unpaid tips
$19,825.58 to plaintiff for liquidated damages

Summary of Facts:
Plaintiff Vincent Micone III, Acting U.S. Secretary of Labor, asserted that defendant Taco MKE LLC operated a Mexican-style restaurant located in South Milwaukee, Wis., referred to as Taco Stop I, while defendant Taco MKE II LLC operated another Mexican-style restaurant located in Elm Grove, Wis., referred to as Taco Stop II. The plaintiff also contended that defendants Taco Stop MKE III LLC and Taco Stop MKE 4 LLC operated restaurants, specifically Taco Shop III and Taco Shop IV, both located in Milwaukee, Wis. The plaintiff claimed that defendant Bertina Jimenez had ownership interests in Taco Shop I and Taco Shop II, while her son, defendant Arsene Agiss Jr., owned Taco Shop III and Taco Shop IV.

The plaintiff asserted that Jimenez managed and/or supervised the restaurants' operations and employees and set employees' work schedules and pay. Jimenez was also allegedly involved in hiring decisions at the restaurants, as well as deciding to move employees from one establishment to another if needed. The plaintiff contended that Agiss Jr. also actively managed the restaurants' operations and employees. According to the plaintiff, the defendants operated the Taco Shop restaurants as one organization with common management and employees working interchangeably at different restaurant locations.

The plaintiff claimed that the defendants willfully failed to pay their employees overtime compensation by failing to compensate employees for one and one-half times their regular pay rates for hours worked in excess of 40 hours per workweek. The plaintiff also asserted that the defendants wrongfully kept credit card tips earned by employees in order to pay the defendants' own business expenses. Specifically, the plaintiff asserted that the defendants retained credit cards tips that were typically earned by front-of-house staff in order to pay cooks and/or kitchen staff's wages and other business expenses, which reportedly included rent and insurance.

In a complaint, the plaintiff asserted that the defendants had violated provisions of the Fair Labor Standards Act (FLSA) by failing to pay employees overtime premiums of one and one-half times their regular pay rates for hours worked in excess of 40 per week. The plaintiff further contended that the defendants violated provisions of the FLSA by keeping credit card tips earned by employees to pay the defendants' own business expenses. In addition, the plaintiff argued that the defendants failed to keep and maintain accurate payroll records showing the actual number of hours that their employees worked.

The plaintiff sought damages for unpaid overtime wages and tips, as well as liquidated damages, together with interest, costs and injunctive relief.

The parties agreed to entry of a consent judgment, which provided that the defendants would pay the plaintiff a total of $39,651.16 for damages, which included $19,825.58 for unpaid overtime compensation and tips and $19,825.58 for liquidated damages, plus postjudgment interest.

The court also ordered, in accordance with the parties' consent judgment, that the defendants were enjoined from providing restaurant kitchen staff with the front-of-the-house staff tips and from using such tips for payment of business expenses. The court further ordered that the defendants were enjoined from failing to pay employees overtime compensation at rates equivalent to one and one-half times their regular pay rates for hours worked in excess of 40 per week.

In addition, the court ordered the defendants to make, keep and preserve accurate records of their employees' hours, wages and other conditions of employment.

United States District Court, E.D. Wisconsin.

Westlaw Citation:
2025 WL 1361305