Two Pennsylvania restaurants investigated for FLSA violations
The Department of Labor recently announced that two Pennsylvania restaurants - NaBrasa Brazilian Steakhouse and Iron Abbey Gastro Pub - agreed to pay 42 workers $110,369 in back wages to recover lost pay. According to a recent investigation by the agency's Wage and Hour Division, the Horsham-based establishments that are housed in the same building and share a kitchen were both allegedly underpaying employees.
Stewart Bostic, the director of the Wage and Hour Division's Philadelphia District Office, explained that the investigation discovered that the employer of the two locations had incorrectly classified kitchen staff members, which lead to overtime violations.
Meat carvers, who are also known as gauchos, must train for six months to learn the art of preparing and serving traditional Brazilian meats, Bostic explained. Because of this lengthy education, the employer misclassified them as professional workers who were exempt from the Fair Labor Standards Act (FLSA) overtime provisions. To qualify for an exemption as a professional, the FLSA explains that advanced knowledge must be in a science or learning field.
However, these weren't the only employees affected by improper payroll practices. The restaurants were also violating minimum wage and recordkeeping provisions because they paid other non-exempt workers a straight salary for all of their time and attendance, even when they worked more than 40 hours per week.
Stewart Bostic, the director of the Wage and Hour Division's Philadelphia District Office, explained that the investigation discovered that the employer of the two locations had incorrectly classified kitchen staff members, which lead to overtime violations.
Meat carvers, who are also known as gauchos, must train for six months to learn the art of preparing and serving traditional Brazilian meats, Bostic explained. Because of this lengthy education, the employer misclassified them as professional workers who were exempt from the Fair Labor Standards Act (FLSA) overtime provisions. To qualify for an exemption as a professional, the FLSA explains that advanced knowledge must be in a science or learning field.
However, these weren't the only employees affected by improper payroll practices. The restaurants were also violating minimum wage and recordkeeping provisions because they paid other non-exempt workers a straight salary for all of their time and attendance, even when they worked more than 40 hours per week.
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