Restaurants Pay For Misclassifying Kitchen Workers As Exempt

Kollman & Saucier
Kollman & Saucier
09/06/2011

In two cases recently instituted by the U.S. Department of Labor (DOL), two restaurants in Jacksonville, Florida agreed on August 5, 2011, to pay more than $930,000 in back pay and liquidated damages to 30 employees for violations of the FLSA.  The DOL’s investigation revealed that the restaurants failed to pay overtime wages as a result of improperly classifying kitchen employees as exempt from the overtime requirements of the FLSA.  The DOL also reported that wait staff received only tip wages because they were required to sign their paychecks back to the employer.   Solis v. La Nopalera Mexican Rest. #10, Inc., No. 3:11-cv-0583 (M.D. Fla. Aug. 5, 2011); Solis v. LAJAL Inc., No. 3:11-cv-0584 (M.D. Fla. Aug. 5, 2011).

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