A Florida restaurant shorted workers $26,000, feds say, by taking tips to cover shortages
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Florida, food and the Fair Labor Standards Act (FLSA)
Unpaid or underpaid labor can seem as common in Florida restaurants and grocery stores as mahi-mahi.
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A Flagler Beach restaurant got caught shorting workers $26,645 by keeping “portions of employees’ credit card tips to cover cash drawer shortages and customer walkouts,” the U.S. Department of Labor said.
Labor said that money has been paid to 16 employees at Johnny D’s Beach Bar & Grill, $1,665.31 per worker.
Showing diversity with its Fair Labor Standards Act (FLSA) violations, Johnny D’s had a 17-year-old cleaning a dough mixer, something a minor isn’t allowed to do under the child labor part of FLSA. That got Johnny D’s dunned another $1,864.
“The Fair Labor Standards Act specifies what employers can and can’t do with tips their workers earn in return for good service. When they disregard these rules, as Johnny D’s Bar & Grill did, the outcome can be costly,” said Wage and Hour Division District Office Director Wildalí De Jesús.
A message left at Johnny D’s, which state records say is managed by John Davis since he registered the restaurant with the state in 2011, was not returned.
Online state inspection records say Johnny D’s passed its most recent inspection, Jan. 27, with three High Priority violations among eight total violations. One of the High Priority violations said a pack of hot dogs remained open in the reach-in cooler 12 days after it was open (seven days is the maximum allowed).
The Wage and Hour complaint section of Labor’s website contains information on how to file a complaint if you believe your employer has violated FLSA. Miami’s Wage and Hour Division office can be reached at 305-598-6607. The national helpline is 866-4US-WAGE (487-9243).
No matter a worker’s immigration or citizenship status, he or she can speak with the department, which says it can handle calls in more than 200 languages.
This story was originally published March 8, 2022 at 11:47 AM.
