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US DEPARTMENT OF LABOR RECOVERS BACK WAGES FOR SMALL EMPLOYER WORKERS IN THE FOOD SERVICE INDUSTRY

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Hey Compliance Warriors!

 

May employers believe the DOL is only interested in larger employers. They make HUGE mistakes and ignore the warnings because they have the wrong idea that “it won’t happen to my company”.  I urge employers and HR pros to be very careful with wage and hour issues no matter how large or small the company may be.

 

Foodservice is a particularly hot topic these days. Check out some recent cases below.

 

 

US Department of Labor finds Oahu restaurant operator allowed manager to keep share of tips, denied overtime pay to kitchen workers

HONOLULU – The owner of a Honolulu restaurant made earning a living difficult for its employees by allowing a manager to illegally keep a portion of workers’ tips and denying overtime pay to salaried cooks who worked an average of 55 hours a week, a recent federal investigation has found.

 

US Department of Labor recovers $358K in back wages, interest for 31 managers wrongly denied overtime by Dairy Queen operator

SAN ANTONIO – The operator of 19 San Antonio-area Dairy Queen locations failed to pay 31 managers as required and must pay back wages and interest to the employees, following a U.S. Department of Labor investigation and federal court order.

 

 

US Department of Labor finds Nashville country club’s failure to include commissions in wage calculations leads to overtime violations

NASHVILLE, TN – Errors in calculating overtime wages of workers who provided lessons, merchandise sales and equipment services to members and guests at a private Nashville country club led the U.S. Department of Labor to recover $93,750 in back wages and liquidated damages for 12 workers.

Be Audit-Secure™

Do you ever find yourself in a spot where you just need to argue the options for a specific HR dilemma?

 

How about when Big Boss is pushing back on what you KNOW needs to be done, but they just cannot seem to wrap their brains around the suggestions you are making?

 

Sometimes you need a good civilized argument session where you can state your case and an unbiased 3rd-party can clap back with the hard questions that you will be required to answer if the issue does not get solved before a claim, charge, or lawsuit is filed against the company and/or the responsible parties within.

 

When these issues come up: Let’s Argue it Out!

 

As an EEOC Certified Investigator, I have seen a lot of tough issues that employers really should have researched before making the decision to “do it the way we’ve always done it” OR “not let some employee handbook boss me around”.

 

How about the time when the accused is your friend or you have some sort of relationship with the person that could cause others to view you as biased during an investigation. Recusing yourself may be the indicated course of action in some cases.

 

Remember, sometimes even decisions resulting from only the best intentions still pave the road to… well… court! (gotcha!)

 

I am ready, willing, and able to provide these services at the same rate as my regular telephone or Zoom consultations.

 

https://secure-cart.anderecorp.com/one-on-one-consulting/

 

And, don’t forget – I am a credentialed EEO INVESTIGATOR.

 

So, when you come across issues related to discrimination or harassment and need an unbiased 3rd-party to conduct the investigation please also think of me.

 

I have been fully trained by EEOC Administrative Judges and other Investigators.

 

There is no need to dig the hole deeper by trying to do these things on your own when conflicting interests may be in play.

 

So, next time you want to Argue it Out or pass the investigation on to a professional investigator who has no skin in the game, think of me!

 


 

Lisa Smith, SPHR, SHRM – SCP

Certified EEO Investigator (EEOC)

Lead Support and Content Chief – HelpDeskforHR.com

“You cannot be audit-proof, but you can Be Audit-Secure.”

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