U.S. Department of Labor Investigation Results in Three Mississippi Restaurants Paying $50,338 in Wages

JACKSON, MS – Three restaurants in Madison, Ridgeland, and Flowood, Mississippi, have paid $50,338 in back wages to 229 employees after an investigation by the U.S. Department of Labor's Wage and Hour Division (WHD) determined the employers violated requirements of the Fair Labor Standards Act (FLSA).

WHD investigated Primos Restaurants Inc. – owned by Peter Don Primos and operating as Primos Café – and found the employers allowed supervisors and managers to participate in the tipped employees' tip pool. The FLSA prohibits managers and supervisors from participating in tip pools and provides enforcement authority to recover all tips unlawfully kept by the employers. Investigators also found the restaurants failed to maintain accurate records of the number of hours employees worked which led to recordkeeping violations.

"Employers must understand their responsibilities and pay employees all of the wages they have legally earned," said Wage and Hour District Director Audrey Hall, in Jackson, Mississippi. "We encourage all employers to review their pay practices and contact the Wage and Hour Division for compliance assistance. By doing so, employers can ensure all employees are paid properly and avoid violations like those found in this case."

The Department offers numerous resources to ensure employers have the tools they need to understand their responsibilities and to comply with federal law, such as online videos, confidential calls, or in-person visits to local WHD offices.

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.

WHD's mission is to promote and achieve compliance with labor standards to protect and enhance the welfare of the nation's workforce. WHD enforces federal minimum wage, overtime pay, recordkeeping, and child labor requirements of the Fair Labor Standards Act. WHD also enforces the Migrant and Seasonal Agricultural Worker Protection Act, the Employee Polygraph Protection Act, the Family and Medical Leave Act, wage garnishment provisions of the Consumer Credit Protection Act, and a number of employment standards and worker protections as provided in several immigration related statutes. Additionally, WHD administers and enforces the prevailing wage requirements of the Davis Bacon Act and the Service Contract Act and other statutes applicable to federal contracts for construction and for the provision of goods and services.

The mission of the Department of Labor is to foster, promote, and develop the welfare of the wage earners, job seekers, and retirees of the United States; improve working conditions; advance opportunities for profitable employment; and assure work-related benefits and rights.