JACKSONVILLE, Fla. — A Jacksonville restaurant owes its workers more than $100,000 after forcing servers to work for tips alone, denying overtime wages and failing to keep accurate employee hour records, according to the U.S. Department of Labor.
Rosy's Mexican Restaurant, located off Old St. Augustine Road near I-295 in Mandarin, will have to pay $118,042 in back wages and liquidated damages to the 10 employees involved. The DOL's Wage and Hour Division conducted an investigation into E & E Quezada Food Services Corp., which operates Rosy's.
The investigation found the operator failed to pay its servers any wages, forcing them to rely on tips from customers as their only compensation, according to the DOL. Rosy's also failed to pay time-and-a-half as overtime compensation for dishwashers, cooks and certain servers who worked more than 40 hours in a week, investigators found.
The DOL also found the employer failed to maintain accurate payroll records, including start and end times, as well as the total daily and weekly hours worked, as required by law.
Rosy's also allowed a 15-year-old employee to work after 7 p.m. during the school week, which is a violation of the Fair Labor Standards Act's work standards for employees under the age 16, the DOL said.
"By denying servers a cash wage and forcing them to live on tips alone and denying other workers their overtime pay, Rosy’s Mexican Restaurant made it harder for these employees, who depend on every dollar, to take care of themselves and their families," said Wage and Hour Division District Office Director Wildalí De Jesús in a news release. "The Wage and Hour Division is available to help workers and employers alike understand their rights and responsibilities. Violations like those found in this case can be easily avoided."
The Employment Education and Outreach alliance alerted the Wage and Hour Division's investigators of Rosy's practices, the DOL said in a news release. The alliance works with community and nongovernmental organizations, including state, local and federal agencies and Hispanic consulates to provide information and assistance to Spanish-speaking employees and employers regarding workplace rights and responsibilities.
Workers and employers can reach the alliance by calling 877-522-9832 or 877-55-AYUDA.