Department of Labor: North Myrtle Beach pizzeria violated federal overtime laws


A North Myrtle Beach pizza restaurant paid more than $50,000 in back pay to its employees after a federal investigation found labor law violations.

Benito’s Brick Oven Pizza and Pasta, at 1598 Hwy 17 S., paid $54,355 to 12 employees for violating overtime requirements of the Fair Labor Standards Act, according to a news release from the U.S. Department of Labor’s Wage and Hour Division.

Federal investigators found the restaurant’s owner, Paul Himmelsbach, had set up a separate company, Benito’s Pizza and Meatball Express LLC, to handle deliveries, but it shared the same location as the restaurant and the two entities shared employees and ownership.

Learn whether your business is required to comply with the requirements of the federal Fair Labor Standards Act, including minimum wage, overtime, recordkeeping, and child labor provisions.

The employer violated labor laws, the release states, because he failed to combine work hours for employees working for both companies when calculating overtime pay.

No one answered a phone call to the restaurant Monday morning, and a voicemail message left for a number listed to Himmelsbach wasn’t immediately returned.

The Benito’s website states the restaurant was originally established in North Myrtle Beach in 1989, and they opened a second location in Cozumel, Mexico, in 2016.

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