News Stories

Naples Restaurant Pays Employees Over $50,000 in Overtime

10:48 AM, Oct 12, 2018


Gabriel Castaneda

57 employees, $50,391, one Naples restuarant.

An investigation conducted by the U.S. Department of Labor found that Fish, a restaurant at the Village Shops in Naples, owed employees $50,391 in overtime. The restaurant did not pay overtime to 57 of its employees.

Naples Restaurant Pays Employees Over $50,000 in Overtime

According to the U.S. Department of Labor, if you are a nonexempt employee, the Fair Labor Standards Act (FLSA) requires overtime pay to be at least one and one-half times an employee's regular rate of pay after 40 hours of work in a workweek.

The employees at Fish Restaurant in Naples did not get paid their overtime so how do you keep yourself out of a situation like that?

You have to make sure you are getting paid what you should. This can be harder when you have been working extra hours.

If that is not happening financial consultant, Ken Levin, said that the first step in making sure you are getting paid your overtime is going to the business owner, or the human resources department and let them know you have not received payment for your overtime.

"If they’re not going to fix that well like you see the attorney heads on the TV at that point, you have to fight for yourself," Levin said.

The restaurant Fish paid its servers, cooks, food runners, and kitchen staff their regular wage without taking into account the employees overtime.

"The Department's Wage and Hour Division offers a wide variety of tools to help employers understand their obligations, and encourage anyone with questions to call us confidentially at any time for guidance," Wage and Hour Division District Director James Schmidt, in Tampa said.

If there is an investigation and it is proven that an employer is not paying overtime, then that employer will have to pay what they owe to their employee and up to $1,100 per violation. Not per employee, not per department, per violation or pay period in which they didn’t pay the employee overtime.

If the employer does not pay the employee their overtime worked during multiple different pay periods, that employer will have to give to its employee the number of pay periods times $1,100.

There is no limit on the number of hours employees that are 16 years or older may work in any workweek and the FLSA does not require overtime pay for work on weekends, holidays, or regular days of rest, unless overtime is worked on these days days.

Again keeping track of your hours is very important and you should be able to find a line for overtime on your pay stub. You can find more information on wages by visiting the U.S. Department of Labor website .