Wage and Hour Division (WHD)
U.S. Department of Labor
KANSAS CITY, Kan. -- Smith’s Restaurant in Bolivar, Mo., has agreed to pay more than $36,000 in back wages and penalties following a U.S. Department of Labor Wage and Hour Division investigation that disclosed multiple violations of the Fair Labor Standards Act’s (FLSA) overtime, minimum wage and child labor provisions.
The Wage and Hour Division recovered $34,625 in back wages for 54 employees. The investigation found that the employer made improper deductions from servers’ hourly rate to pay bus staff, resulting in minimum wage violations. Furthermore, 10 hourly employees were paid straight time for hours worked over 40 in a workweek. Also, one nonexempt manager failed to meet the salary test in order to be exempt from overtime.
In addition, the Labor Department assessed $1,485 in civil money penalties against the restaurant after discovering three minor employees worked in violation of FLSA hours-time standards by working more than three hours on school days and working past 9 p.m. during summer months.
“The Labor Department’s Wage and Hour Division is committed to protecting the rights of workers by ensuring that they receive the wages to which they are entitled,” said James Koren, the Wage and Hour Division’s district director in Kansas City. “Also, the department’s child labor provisions serve to strike a balance among providing invaluable work experience to our nation’s youth, safety and educational responsibilities.”
The company has cooperated fully with the Wage and Hour Division.
The FLSA requires covered, nonexempt employees to be paid at least the federal minimum wage of $6.55 per hour for all hours worked, and time and one-half their regular rates of pay for hours worked beyond 40 in a work week. Employers must also maintain accurate time and payroll records.
Employers of “tipped employees” must pay a cash wage of at least $2.13 per hour if they claim a tip credit against their minimum wage obligation. If an employee’s tips combined with the employer’s cash wage of at least $2.13 per hour do not equal the federal minimum hourly wage, the employer must make up the difference. Certain other conditions must also be met.
The FLSA’s child labor provisions state that minors may not work more than three hours on school days, eight hours on nonschool days, 18 hours during school weeks or 40 hours during nonschool weeks. Also, 14- and 15-year-olds may work during nonschool hours, but no later than 7 p.m. (9 p.m. from June 1 through Labor Day).
For more information on the youth employment laws, visit the Labor Department’s Web site at http://www.youthrules.dol.gov. For more information about the FLSA, visit www.wagehour.dol.gov. Information is also available through the department’s toll-free helpline: 866-4US-WAGE (487-9243).
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