A recent investigation by the U.S. Department of Labor's (DOL) Wage and Hour Division revealed that two Florida restaurants are in violation of the Fair Labor Standards Act (FLSA) overtime and recordkeeping provisions. The DOL ordered La Nopalera restaurant in Orange Park and a Subway franchisee operating 29 locations in the Tampa Bay area to pay back wages to nearly 150 employees.
La Nopalera has agreed to pay $177,935 in back pay to 24 employees for unpaid minimum wage and overtime
employee attendance, according to WJXT - Jacksonville. The Wage and Hour Department's investigation revealed that the company was not paying employees wages outside of the tips they received from customers.
Workers were also required to work off the clock before and after their shifts without receiving any compensation. The employer did not pay them time-and-a-half for overtime hours worked, nor did it maintain accurate records of
time attendance or payroll history.
"Last August we announced that more than $934,000 in back wages were found due to employees of two other restaurants in Florida doing business under the same franchise name, and we continue to hold employers accountable when they abuse low-wage workers," Michael Young, director of the Wage and Hour Division's Jacksonville District Office.
Restaurant owners and operators can install a
timeclock to better manage their payroll practices and avoid FLSA violations that could result in penalties.
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