U.S Department of Labor Investigation Results in Florida Keys Restaurant Paying $73,626 in Back Wages

MARATHON, FL – FL Food Services LLC, operating as Porky's Bayside Restaurant and Marina, will pay $73,626 in back wages to 35 employees after a U.S. Department of Labor's Wage and Hour Division (WHD) investigation found the employer violated overtime and recordkeeping provisions of the Fair Labor Standards Act (FLSA).

WHD investigators determined FL Food Services LLC, based in Marathon, Florida, violated the FLSA's overtime requirements when it paid workers for overtime hours at straight time rates, in cash. The employer also incorrectly considered some employees to be independent contractors rather than employees. The inaccurate classification resulted in overtime violations when the employer paid these employees straight-time cash payments for all hours that they worked, including any hours beyond 40 in a workweek. The restaurant also failed to post required FLSA posters.

"Employers that fail to pay employees the wages they have legally earned must not gain a competitive advantage over those that comply with the law," said Tony Pham, Wage and Hour Division Miami District Director. "The U.S. Department of Labor encourages restaurant owners and all employers to reach out to their local Wage and Hour Division office for information about how to comply, and to make use of the many resources we offer to explain their responsibilities and how to avoid violations."

For more information about the FLSA and other laws enforced by the Wage and Hour Division, contact the toll-free helpline at 866-4US-WAGE (487-9243). Employers who discover overtime or minimum wage violations may self-report and resolve those violations without litigation through the PAID program. Information is also available at https://www.dol.gov/whd.