U.S. Department of Labor Investigation Results in Seattle Seafood Restaurant Paying Employees $99,625 in Back Wages

SEATTLE, WA – After an investigation by the U.S. Department of Labor’s Wage and Hour Division (WHD), Joy Fish Restaurant – a seafood restaurant in Seattle, Washington – will pay $99,625 to 28 employees to resolve  violations of provisions of the Fair Labor Standards Act (FLSA).

WHD investigators found the owner of Joy Fish Restaurant failed to pay employees overtime when they worked more than 40 hours in a workweek. Specifically, the employer paid kitchen workers flat monthly salaries without regard to the number of hours that they worked. The company violated federal law when it failed to pay overtime when employees worked more than 40 hours in a workweek. Employees often worked 8 to 12 hour shifts, six days per week. In addition, the restaurant owner and management illegally retained tips received by service staff.

The employer also failed to record accurately the total number of hours employees actually worked, a violation of FLSA recordkeeping requirements.

“Employers must pay their employees for all the hours that they work,” said Wage and Hour Division District Director Thomas Silva in Seattle, Washington. “Simply paying someone a salary does not necessarily mean they are not entitled to overtime. This investigation serves as an opportunity for other employers to examine their pay practices to ensure they comply with the law.”

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/agencies/whd.

The mission of WHD 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.