Department of Labor building

FRANKLIN, TN (WSMV) – Garcia’s Mexican Restaurant in Franklin was ordered to pay $179,878 in back wages to 40 employees after they were found at fault over minimum wage violations.

The U.S. Department of Labor’s Wage and Hour Division (WHD) discovered that the restaurant violated the FLSA (Fair Labor Standards Act) when they required workers to put $7 to $10 per shift into a tip pool the restaurant established to pay the hourly wages of non-tipped workers.

The FLSA states that employers are not allowed to keep servers tips.

“The Wage and Hour Division is committed to ensuring that employees receive the wages they have earned, and that employers clearly understand their responsibilities,” Wage and Hour Division District Director Nettie Lewis, in Nashville, Tennessee said. “The outcome of this investigation serves as a reminder to all employers to review their pay practices and to confirm that workers are being paid as the law prescribes. We will continue to work to level the playing field for employers who play by the rules.”

Garcia’s also failed to record which servers had paid into the pool, how much they put in, and when they put into the pool. This resulted in a recordkeeping violation as well.

If you feel your wages are being unfairly altered, you can call 866-4US-WAGE.

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