Naya Ding Inc. to pay back wages, penalties
ROWLAND HEIGHTS, CA – The U.S. Department of Labor has recovered $17,311 in back wages from a Rowland Heights restaurant for nine workers who were denied proper overtime and earned tips, in violation of federal wage laws.
The department’s Wage and Hour Division found that Naya Ding Inc., operating as Ma’s Kitchen, ran an unlawful tip pool arrangement, directing supervisors to only distribute a portion of earned tips to servers. The owners of the restaurant retained a percentage of the tips. The employer also failed to pay some employees the full, time-and-one-half rate of pay for hours worked over 40 in a workweek, both violations of the Fair Labor Standards Act.
The division also found Ma’s Kitchen failed to keep accurate time records and payroll records of tips and cash paid to employees, FLSA recordkeeping violations. The employer faces a $2,985 civil money penalty for the willful nature of the violations.
“Burdening employees with business expenses takes hard-earned wages out of workers’ pockets,” said Wage and Hour Division Assistant District Director Rafael Valles in West Covina, California. “That’s why the U.S. Department of Labor is committed to ensuring employers pay workers their fully earned wages in compliance with federal law, and its Wage and Hour Division will use every enforcement tool necessary to resolve cases like this.”
Employers and workers alike can contact the Wage and Hour Division with questions and requests for compliance assistance at its toll-free number, 1-866-4-US-WAGE (487-9243). Learn more about the Wage and Hour Division, including a fact sheet on Fair Labor Standards Act overtime requirements.
Employers are encouraged to use the agency’s industry-specific compliance assistance toolkits to learn about their responsibilities under the laws enforced by the division. The agency’s PAID program offers employers an opportunity to self-report and resolve potential minimum wage and overtime violations under the Fair Labor Standards Act, as well as certain potential violations under the Family and Medical Leave Act.
Workers and employers can also track hours worked and pay by downloading the department’s free timesheet app for iOS and Android devices.