Florida restaurants cited for incorrect employee overtime exemption

Two Jacksonville, Florida-based Mexican restaurants were recently ordered to pay 30 employees nearly $1 million in employee attendance back wages and liquidated damages following an investigation by the U.S. Labor Department.

The investigation found that employees at the two La Nopalera locations misclassified kitchen workers as being exempt from overtime regulations set by the Fair Labor Standards Act. As a result, their employer failed to adequately compensate them for working more than 40 hours per week.

Additionally, tipped employees were required to return their paychecks after receiving them, being allowed to keep only their tips, and time and attendance records were found to have been improperly kept.

The two restaurants and their owners were ordered to pay the workers $584,425 in back wages and a further $350,000 in liquidated damages.

Elsewhere in the country, the Labor Department recently recovered more than $23,000 in minimum wage compensation and overtime back pay from New Haven, Connecticut-based Goodfellas Cafe, after its owner continued to disregard FLSA requirements despite a previous citation. 

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