More than $87,000 Recovered in Back Wages for Restaurant Workers in Florida

On November 21st, 2024, the United States Department of Labor (DOL) announced that more than $87,000 in back pay and liquidated damages were recovered on behalf of nearly two dozen restaurant workers from New Port Richey, Florida. The workers were unlawfully denied both the state-mandated minimum wage and proper overtime pay.

DOL Investigation: Pasco County Restaurant Committed Wage and Hour Violations 

The United States Department of Labor took enforcement action against the Central Park Family Restaurant Inc. in New Port Richey, Florida. The DOL determined that the employer violated the Fair Labor Standards Act (FLSA). Among other things, the employer was cited for:

• Improperly requiring employees to purchase uniforms without proper reimbursement;
• Lowering wages below the federal minimum due to uniform purchases;
• Miscalculated servers’ overtime rates—denying them proper overtime pay; and
• Wrongly classified kitchen staff as exempt from overtime—denying them any overtime pay.

The investigation recovered $87,118 in back wages and liquidated damages for 21 workers who were affected by the FLSA violations. The FLSA allows for the recovery of liquidated damages for willful or grossly negligent violations. Liquidated damages are typically equal to the amount of back wages owed. In other words, they are a form of double back pay.

Wage and Hour Violations Remain a Serious Problem in the Restaurant Industry 

Unfortunately, wage and hour violations are a persistent issue in the restaurant industry. They can be a big problem for workers who already face lower than average wages (on an industry level) and often unpredictable schedules. Some of the most common violations include failing to pay the federal or state minimum wage, improper overtime calculations, misclassifying employees as exempt, and requiring workers to cover expenses like uniforms.

 Restaurant Workers Have a Right to Take Legal Action to Get Full and Fair Pay 

Employers must be held accountable for wage and hour violations. Restaurant workers have the legal right to take action if they are denied full and fair pay under federal law or Florida law. Whether it is unpaid overtime, a sub-minimum wage, or deductions for uniforms, these violations can add up to substantial financial losses for employees. The Fair Labor Standards Act (FLSA) protects workers in Florida from such practices. It allows them to recover back pay and, in some cases, liquidated damages and even attorneys’ fees.

Be Proactive: FLSA Statute of Limitations for Restaurant Worker Wage and Hour Claims

As the FLSA is subject to a strict statute of limitations, a proactive approach is a must. The statute of limitations under the Fair Labor Standards Act (FLSA) depends on whether the violation is deemed willful or non-willful:

• Non-Willful Violations: The statute of limitations is 2 years from the date of the violation.
• Willful Violations: If an employer knowingly or recklessly violates the FLSA, the statute of limitations is extended to 3 years from the date of the violation.

 Speak to a Wage and Hour Lawyer in Florida 

Are you a restaurant worker who was underpaid in violation of the law? Whether it was the failure to pay a minimum wage, an overtime violation, or any other type of wage and hour violation, an experienced Florida employment lawyer can help to protect your rights and your interests.