Salem restaurant, government spar over jury verdict

Nov. 2—The lawyer for the owner of a Salem restaurant found liable for labor law violations challenged the government's effort to collect $429,000 in back pay and other damages Tuesday.

After a three-day trial in U.S. District Court in Pittsburgh, jurors found that from April 2014 to July 2017, owners of Picante Mexican Grille paid no wages to servers who were compensated only through tips. The Route 22 business also failed to pay dishwashers, bussers and cooks overtime when required, did not keep adequate records and shorted employees $214,000 in wages, according to the jury verdict.

According to a statement from the U.S. Department of Labor, restaurant owners continued to pay less than the required amount of overtime to certain employees for two more years, until 2019.

The government since has petitioned the court to assess increased damages.

Richard Thiele, lawyer for Picante Mexican Grille owner Helius Mucino, said the government's position was not based on the jury's findings and challenged the proposed judgment.

"Mr. Mucino was not the owner at the time of the infractions. He was only liable for a small fraction of the money owed," Thiele said.

Thiele said Mucino did not take over ownership of the restaurant until mid-2017, and in a statement said the legal case is ongoing.

"It is extremely misleading for the government to make statements mischaracterizing the current restaurant when they are abundantly clear the case is ongoing and the current ownership and current restaurant have acted to fully rectify the circumstances that led to the alleged wrongs of (the) prior company," Thiele said.

The labor department argued restaurant owners intentionally violated the law.

"Restaurant workers depend on all their rightfully earned wages and benefits, and employers are obligated by law to pay them. When an employer fails to pay the full wages as due, they harm both the workers and their families," said Wage and Hour Division District Director John DuMont in Pittsburgh. "Wage theft is a serious issue that causes great harm to low-wage workers, and the Wage and Hour Division is determined to protect workers' rights and hold employers accountable."

Rich Cholodofsky is a Tribune-Review staff writer. You can contact Rich by email at rcholodofsky@triblive.com or via Twitter .

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