Nov 20, 2011 - Employment Law by Hoffman & Hoffman
Two Florida restaurants and their owners have been ordered to pay 30 employees $934,425. The agreements resolved a lawsuit that alleged violations of the Fair Labor Standards Act’s minimum wage, overtime pay and record-keeping provisions.
The investigation found that the kitchen employees were improperly classified as exempt from overtime pay and therefore did not get paid for overtime hours they worked (hours over 40 in one week). Employees were paid tips and received a paycheck that together equaled minimum wage but management required the workers to sign back over the paychecks to the restaurant. Ultimately the workers only got paid the tips and not minimum wage. Lastly the lawsuit alleged the restaurants did not keep accurate records of how much employee worked.
All workers should be treated fairly. If you feel you have been a victim of unpaid overtime or other Fair Labor Standards Acts violations at your workplace contact our employment lawyers at 305-372-2877 for a free, confidential consultation or visit our website.
You should act quickly to preserve your rights. The overtime law has a two-year statute of limitations for the recovery of back pay. The Fair Labor Standards Act, or overtime statute, does have a three-year statute of limitations in situations where it can be established that the employer willfully violated the statute by failing to pay an employee overtime pay.