JACKSONVILLE, Fla. — Over $200,000 in back wages have been recovered after the U.S. Department of Labor says five different Kazu Sushi Burrito locations in Jacksonville and St. Johns, violated multiple labor laws.
The Department of Labor in a statement, says the five Sushi Burrito locations illegally kept a portion of employees’ tips and paid some employees a flat rate salary, regardless of the number of hours worked. This resulted in the failure to meet the federal minimum wage in terms of the hourly rate. Additionally, the Department of Labor says the five locations failed to provide overtime pay to those same non-exempt, salaried employees.
Action News Jax spoke to Chen Ming, the operator of these five locations, who confirmed this was the case.
“We have made exemption where we pay them per day, daily salaries, instead of hourly, so that way we don’t have to pay overtime fees,” Ming told Action News Jax on Wednesday. “It’s just not fair for a business owner that we are already paying them the number of salaries plus tips and then we have to pay the additional amount on top of it.”
However, Ming says the employees he exempted, the Department of Labor deemed non-exempt, and they needed to be paid an hourly wage with overtime pay.
Nonetheless, Ming says he’s disappointed with the department of labor’s findings.
Action News Jax also spoke to local labor lawyer Tad Delegal on Wednesday, who outlined the responsibility of corporations to properly pay their employees.
“You can’t pay someone who’s a salary and not pay them minimum wages if that person is not an exempt employee,” says Delegal.
Delegal also says if you suspect there’s money missing from your paycheck, speak to your employer about it, as you’re legally protected from retaliation for suggesting missing wages.
“They can’t be fired in retaliation, they can’t be suspended, or other actions against them,” Delegal reminds.
And if an employer were to retaliate over an employee asserting they aren’t being paid minimum wage or overtime, Delegal says that would be grounds for a lawsuit.
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