U.S. Department of Labor Investigation Results in Green Bay, Wisconsin Restaurant Paying $106,856 in Back Wages and $6,591 in Penalties
GREEN BAY, WI – Following a U.S. Department of Labor Wage and Hour Division (WHD) investigation, a Green Bay, Wisconsin, restaurant and its owner have paid $106,856 in back wages to 109 current and former employees, and an additional $6,591 in civil money penalties for child labor violations and willful overtime violations of the Fair Labor Standards Act (FLSA).
WHD investigators found that Mackinaws Grill and Spirits, and owner Kevin Quinn, willfully violated the FLSA's overtime requirements by paying cooks in cash at "straight time" for overtime hours worked. WHD determined the employer issued checks to cooks for the first 40 hours they worked in each workweek, and paid cash for all remaining hours.
Investigators also found the employer violated the FLSA's minimum wage requirements when deductions from workers' pay for uniforms and pagers caused their rates to dip below the federal minimum wage of $7.25 per hour. Mackinaws also failed to maintain accurate time records, and to display FLSA posters at the worksite as required by law.
Child labor violations occurred when Mackinaws and Quinn employed three minors under age of 16 to work more hours than allowed by law.
"This investigation serves as a reminder to other employers to evaluate their pay practices to ensure that they comply with the law, and that if they employ minors, that they do so within established guidelines," said Wage and Hour District Director David King, in Minneapolis. "We encourage employers and employees alike to contact us for guidance, and use the wide variety of tools we offer to help employers comply with the law and employees receive the wages they are rightfully owed. Violations like those found in this investigation can be avoided."
For more information about the FLSA, child labor provisions and other laws enforced by WHD, contact the Division's toll-free helpline at 866-4US-WAGE (487-9243). Information is also available at http://www.dol.gov/whd including a search tool to use if you think you may be owed back wages collected by the Division.