As a small or midsize business owner, it is crucial to be well-informed about employment laws to protect your business from potential penalties and legal complications. A recent case in Tennessee serves as a reminder of the consequences that can arise from breaking these laws.

The U.S. Department of Labor has recovered $270,751 in back wages after uncovering violations at a local restaurant, highlighting the importance of complying with minimum wage and overtime regulations.

By understanding the penalties associated with employment law violations, business owners can take proactive measures to ensure compliance and protect their employees and organizations.

Asure’s HR experts help business owners comply with federal, state, and local employment laws. Learn how to protect your business here.

Back Wages Recovery

The investigation conducted by the Department of Labor’s Wage and Hour Division revealed that a restaurant had violated the Fair Labor Standards Act (FLSA) by engaging in unlawful employment practices.

These practices included requiring servers to share tips with dishwashers, specifically deducting $5 per night on Fridays and Saturdays. Additionally, the employer failed to pay overtime wages to non-exempt employees who worked more than 40 hours in a workweek. As a result of these violations, a total of 82 employees will benefit from the recovered back wages amounting to $270,751.

 

Minimum Wage and Recordkeeping Violations

Further investigations by the Wage and Hour Division discovered that the restaurant neglected to pay non-exempt employees the proper minimum wage for all hours worked in a workweek.

Additionally, the company failed to maintain accurate records of some employees’ work hours, which is a requirement under the FLSA. These violations underscore the importance of maintaining accurate records and ensuring that employees receive at least the minimum wage as mandated by law.

Implications for the Restaurant Industry

Restaurant industry employees heavily rely on their tips to supplement their wages, making it essential for employers to respect the rights of their employees. Tips earned by employees are considered their property, and employers are prohibited from withholding or redirecting these earnings.

Violations related to tip sharing and improper payment practices not only result in financial harm to employees but also expose businesses to potential penalties and legal consequences.

Compliance and Resources

The Department of Labor’s Wage and Hour Division emphasizes the importance of compliance with employment laws to protect both employees and businesses. By adhering to minimum wage and overtime requirements, business owners can ensure fair compensation for their workforce.

The division provides various resources, including online tools and local office support, to assist employers in understanding and implementing proper pay practices in accordance with the law.

Conclusion

Maintaining compliance with employment laws is crucial for small and midsize business owners to protect their organizations from potential penalties and legal risks. The recent case involving the restaurant serves as a reminder of the consequences of violating minimum wage and overtime regulations.

By staying informed, implementing proper pay practices, and utilizing available resources, business owners can create a fair and compliant work environment while safeguarding their employees’ rights and their own business interests.

Asure’s HR experts help business owners comply with federal, state, and local employment laws. Learn how to protect your business here.

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