The U.S. Department of Labor has ordered Barton G, the company that owns three renowned Miami fine-dining restaurants, to pay $28,000 to low-wage workers who did not receive minimum wage. The DOL determined that some servers at Barton G The Restaurant, Prelude By Barton G and The Villa By Barton G were paid based on a percentage of their sales, which constitutes a commission and not a tip.
The DOL said many employees’ earnings fell below the minimum wage and those who worked more than 40 hours in a week did not receive overtime pay.
Investigators also found that the company failed to keep accurate time records for tip-earning personnel at all three restaurants.
Note: Inaccurate payroll records invite further investigation. Have your attorney examine payroll records regularly to ensure they comply with the Fair Labor Standards Act and state laws.