nothin Gourmet Heaven Faces Fines For Not Paying… | New Haven Independent

Gourmet Heaven Faces Fines For Not Paying Workers

Brianne Bowen Photo

A popular downtown market may face tens of thousands of dollars in fines after the state found a host of labor violations there, including paying workers less than the minimum wage.

The state issued a stop-work order Wednesday to both locations of Gourmet Heaven, 15 Broadway and 44 Whitney Ave., for misclassifying workers as independent contractors, failing to maintain payroll records, and failing to pay employees minimum wage or for overtime, among other violations.

The order came in response to a complaint filed Monday by a former Gourmet Heaven employee, according to Nancy Steffens, the communications director for the state Department of Labor. The market has been a repeat target of law enforcement over the last year: In November, store owner Chung Cho agreed to pay a $5,891 fine after U.S. Immigration and Customs Enforcement determined the store had hired workers without proper documents.

The restaurant closed for several hours after lunch Wednesday before the state granted a conditional release and allowed the market to reopen. The release was granted once an attorney for Gourmet Heaven contacted the Department of Labor and notified the state that the business was in the process of collecting the paperwork needed to come into compliance, Steffens said.

They’ve shown that they’re making a diligent effort to come into compliance,” Steffens said, and wherever possible, we want to keep companies up and running. … We don’t want to see anybody going out of business.”

Gourmet Heaven needs to provide time sheets, proof of unemployment compensation and worker’s compensation, and payroll records showing the number of hours worked by each employee and that proper compensation was received.

A Wednesday evening visit to the Gourmet Heaven on Broadway found the store open, with a stop-work order posted in the window. Staff at the market declined to comment and referred questions to the owner, who didn’t respond by press time to a request for comment.

The state found that 15 people working the market’s first shift were treated as independent contractors rather than employees. A business is not required to provide unemployment insurance or worker’s compensation for independent contractors, Steffens said.

It’s not fair to employers that are abiding by the law,” Steffens said. Number one, we want to protect the workers. Number two, we want to make sure they’re paying their fair share.”

Although we are still in the process of this investigation, fines could be in the tens of thousands of dollars, based on the fact that it is a $300 fine alone for each week an employee is working while not on the payroll,” said Gary Pechie, director of the Wage and Workplace Standards Division of the Department of Labor, in a release. Almost every violation that was possible for us to find, we found, and this is unfortunate for the workers who were not paid fairly for the hours that they worked.”

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