Jacksonville, Florida, diner to pay $154K in back wages to 59 employees after US Department of Labor investigation

Employer name: Windy City Doc Holding LLC, doing business as Metro Diner

Investigation site: 1534 North 3^rd St.
Jacksonville, Florida 32250

Investigation findings: An investigation by the U.S. Department of Labor’s Wage and Hour Division’s Jacksonville District Office found that Windy City Doc Holding LLC, doing business as Metro Diner, violated minimum wage and overtime provisions of the Fair Labor Standards Act.

Specifically, the employer made illegal deductions from workers’ pay when it charged servers for their uniforms – that resulted in them earning less than the legally required federal minimum wage of $7.25 per hour in the weeks that they paid for those items. The employer’s practice of sharing the tips of tipped employees with non-tipped workers, such as dishwashers, also contributed to the minimum wage violations for affected servers.

The employer also calculated overtime incorrectly when it based servers’ overtime rates on time and a half of their direct cash wages, rather than basing it on the full minimum wage, as required.

Resolution: The employer will comply with the FLSA and pay 59 employees $154,179 in back wages.

Quote: “Restaurant workers are among the most vulnerable that we see,” said Daniel White, district director for the Wage and Hour Division in Jacksonville. “Violations such as those found in this case are all too common.  When these workers aren’t paid every penny they have rightfully earned, it harms not just the workers, but their families, and their communities. We will continue our enforcement in this industry, along with our education and outreach activities, to ensure that workers are paid what they’ve earned, and to level the playing field for employers who play by the rules.”

Information: The Wage and Hour Division’s Fact Sheet on Tipped Employees provides more information. For more information about federal wage laws administered by the Wage and Hour Division, call the agency's toll-free helpline at 866-4US-WAGE (487-9243). Information also is available at http://www.dol.gov/whd/.