Wednesday, June 22, 2016

Junior’s Inc., doing business as Junior’s Supper Club pays workers $52K in back wages, damages after Labor Department investigation

Junior’s Inc., doing business as Junior’s Supper Club pays workers $52K in back wages, damages after Labor Department investigation
Junior’s Supper Club failed to pay worker’s minimum wage, overtime
Employer: Junior’s Inc., doing business as Junior’s Supper Club
Site: 2601 NW Expressway, Oklahoma City, Oklahoma
Investigation Findings: A U.S. Department of Labor Wage and Hour Division investigation found Junior’s Supper Club violated the minimum wage, overtime and recordkeeping provisions of the Fair Labor Standards Act. The investigation by the division’s Oklahoma City District Office revealed the employer:
  • Failed to combine hours worked by employees who performed more than one job duty at the restaurant.  For example, if an employee worked both as a server and as a busser, those hours were recorded and paid for separately. As a result, the employer failed to recognize when these employees worked more than 40 hours in a week and failed to pay them overtime as required by the FLSA.
  • Illegally deducted time from workers’ pay when no work was available or when the owner perceived an employee to be disengaged, although workers were ready and able to work. This resulted in minimum wage and overtime violations for the unpaid time.
  • Failed to keep an accurate record of the total number of hours employees worked in a workweek, a record-keeping violation under the FLSA.
Resolution: Junior’s Supper Club paid $26,243 in minimum wage and overtime back wages and an equal amount in liquidated damages, for a total of $52,487 to nine employees. The restaurant agreed to keep proper records and comply with all provisions of the FLSA in the future.  
Quote: “Restaurant workers are among the most vulnerable workers we see in Oklahoma,” said Betty Campbell, regional administrator for the Wage and Hour Division in the Southwest. “If an employer requires workers to be ready to serve customers whenever they walk in, the employer must pay workers for the times when there may be no customers in the facility. These workers depend on every penny they rightfully earn; cheating them out of overtime has a tremendous impact on them and their families. The resolution of this case signals the division’s commitment to protecting restaurant workers, and leveling the playing field for employers who pay their workers legally.” 
Background:  A well-known destination since 1973, Junior’s Supper Club has served steaks and other entrees at its Oklahoma City location. It has 31 employees.
Information: For more information about federal wage laws, call the Wage and Hour Division’s toll-free helpline at 866-4US-WAGE (487-9243) or its Oklahoma City District Office at 405-231-4158. Information is also available at http://www.dol.gov/whd/.