US Department of Labor recovers $97K in back wages for 26 workers after North Miami Beach deli failed to pay overtime at required rates

Employer:     Matryoshka LLC, operating as Matryoshka Deli Food

                       18100 Collins Ave. 

                        North Miami Beach, FL 33160

Investigation findings: U.S. Department of Labor Wage and Hour Division investigators found the retail deli market paid employees straight-time rates for all hours worked and failed to pay the additional half-time rate they earned when they exceeded 40 hours in a workweek, in violation of the Fair Labor Standards Act. The employer noted the overtime payments as bonuses on payroll records and paid them at straight-time rates. In addition, Matryoshka Deli violated FLSA recordkeeping requirements by not recording the appropriate overtime pay and not keeping an accurate record of hours worked for all employees.

Back wages and liquidated damages recovered: The division recovered $97,635 in back wages and liquidated damages for 26 workers.                                               

Quote: “Failure to pay overtime correctly continues to be one of the most common violations we encounter. Masking overtime hours and payments as bonuses does not forgive the employer’s obligation to pay employees the wages owed – at the correct rate,” said Acting Wage and Hour Division District Director Michael Gannet in Miami. “Employers unsure of their legal obligations under the law should contact their local Wage and Hour Division office for assistance. That’s the best way to ensure they pay employees all their rightful wages. Failure to do so could result in a costly lesson.”

Background: Employers can contact the Wage and Hour Division at its toll-free number, 1-866-4-US-WAGE. Learn more about the Wage and Hour Division, including its search tool to learn if you are owed back wages collected by the division. Workers and employers alike can help ensure hours worked and pay are accurate by downloading the department’s Android and iOS Timesheet App available for free in English or Spanish.