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Restaurant must pay $141,544 for unpaid overtime

Workers in Florida and other states may be done in by their employers if they have to work at multiple locations. After the U.S. Department of Labor recently found that a restaurant in another state failed to accurately calculate the hours worked by employees, the owner reached a settlement agreement. A total amount of $141,544 in unpaid overtime remuneration and damages will be paid to 11 workers. Because it was deemed to have committed a civil violation, the restaurant will also be liable to pay $2,805 in civil penalties.

The action by DOL followed a complaint by the restaurant employees reporting that they worked in two different locations in the same week. To avoid paying overtime, the employer reportedly calculated their work hours at each site separately. If added together, their hours exceeded the 40 hour limit for normal work hours. They were, therefore, denied the higher rate of payment for overtime hours.

DOL said workers who are expected to work at multiple locations for the same employer in the same week are entitled to have those hours added together. Similar laws are in place in cases in which employees are working for joint employers. Wages must not be calculated on the hours worked per employer but rather the joint hours worked for both per week.

Florida employees who suspect that they are being denied overtime to which they are entitled may benefit from consulting with an experienced employment law attorney to discuss unpaid overtime. A lawyer can evaluate the concerns and determine whether the client has a viable wage and hour law claim. With the support and guidance of skilled legal counsel, even the biggest company can be challenged effectively.

Source:, "Employees working at multiple locations? It all counts toward overtime, DOL says", July 21, 2016

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