The U.S. Department of Labor has recovered $17,311 in back wages from a Rowland Heights restaurant for nine workers who were denied proper overtime and earned tips, in violation of federal wage laws.
The department’s Wage and Hour Division found that Naya Ding Inc., operating as Ma’s Kitchen, ran an unlawful tip pool arrangement, directing supervisors to only distribute a portion of earned tips to servers. The owners of the restaurant retained a percentage of the tips. The employer also failed to pay some employees the full, time-and-one-half rate of pay for hours worked over 40 in a workweek, both violations of the Fair Labor Standards Act.
The division also found Ma’s Kitchen failed to keep accurate time records and payroll records of tips and cash paid to employees, FLSA recordkeeping violations. The employer faces a $2,985 civil money penalty for the willful nature of the violations.
“Burdening employees with business expenses takes hard-earned wages out of workers’ pockets,” said Wage and Hour Division Assistant District Director Rafael Valles in West Covina, California. “That’s why the U.S. Department of Labor is committed to ensuring employers pay workers their fully earned wages in compliance with federal law, and its Wage and Hour Division will use every enforcement tool necessary to resolve cases like this.”