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News Brief

Kissimmee, Florida, restaurant to pay nearly $41K in back wages to 15 employees after US Department of Labor investigation

Little Italy failed to pay proper minimum wage, overtime

Employer name: C&N Do Inc., doing business as Little Italy

Investigation site: 2901 Parkway Blvd., Kissimmee, Florida 34747

Investigation findings: Investigators from the U.S. Department of Labor’s Wage and Hour Division found that Little Italy, an Italian restaurant and pizzeria in Kissimmee, violated the minimum wage, overtime and recordkeeping provisions of the Fair Labor Standards Act. Specifically, the employer failed to pay legally required minimum wage when some hours worked by employees went unpaid. Overtime violations occurred when hourly paid servers and cooks were paid straight time for their overtime hours, when overtime was paid occasionally after 80 hours in a two-week period rather than after 40 hours in one week, and when overtime for tipped employees was not based upon the full minimum wage of $7.25 per hour. The employer also failed to maintain required time and payroll records, and was found to have reported inaccurate numbers of hours worked to the company that processed its payroll.

Resolution: The employer will comply with the FLSA and pay $40,979 in back wages to 15 employees.

Quote: “Violations like these are far too common in the restaurant industry,” said Daniel White, district director for the Wage and Hour Division in Jacksonville. “We are committed to protecting workers’ rights and to improving industry compliance by partnering with state agencies – such as the Florida Department of Revenue – to identify non-compliant businesses and conduct investigations. Employers who play by the rules should not find themselves at an economic disadvantage to those who do not.”

Information: The division has agreements with 30 states, including Florida, to ensure workers get the wages, benefits and protections they are entitled to by law. The division and the Florida Department of Revenue regularly accept referrals from one another related to potential violations of state or federal law.

The FLSA requires that covered, nonexempt employees be paid for all hours worked, plus time and one-half their regular rates of pay for hours worked beyond 40 per week. Employers are prohibited from retaliating against workers who exercise their rights under the law.

For more information about the FLSA and wage laws or to file a complaint, call the Wage and Hour Division’s toll-free helpline at 866-4US-WAGE (487-9243); the Jacksonville District Office at 904-359-9292 or visit http://www.dol.gov/whd/.

Agency
Wage and Hour Division
Date
June 15, 2016
Release Number
16-1154-ATL
Contact: Michael D'Aquino
Phone Number