WILLIAMSBURG — The U.S. Department of Labor has obtained a consent judgment in a Virginia federal court to recover $205,180 in back wages and liquidated damages from a Williamsburg restaurant that it said intentionally shortchanged 62 employees of their overtime wages.
The court action follows an investigation by the department’s Wage and Hour Division that found FFT Restaurant Group LLC, operator of Food for Thought and owner Howard Hopkins paid kitchen staff straight-time rates for all hours worked, including hours over 40 in a workweek, which denied them required overtime rates. The investigation also revealed a failure to keep accurate records of employees’ hours worked and a failure to display federal minimum wage posters as required, actions which violated the Fair Labor Standards Act.
Food For Thought is a full-service restaurant known for décor featuring biographical pictures of inventors, scientists, and social leaders, and the walls are decorated with quotes to set the tone for the dining experience. Discussion cards are placed on the tables to help spur thought-charged conversation.
“Our investigation found that the employer did not pay some employees their hard-earned overtime pay, which is unacceptable,” said Wage and Hour Division District Director Roberto Melendez in Richmond. “Many restaurant workers struggle to make ends meet and they deserve to be paid for all hours worked. Employers who shortchange their employees will be held accountable.”
According to the U.S. District Court for the Eastern District of Virginia, the order entering the consent judgment in Newport News on Oct. 4 requires the company and Hopkins to pay $102,590 in back wages and an equal amount in liquidated damages. $50,034 must also be paid in civil money penalties for the intentional nature of their violations. The order also forbids future FLSA violations.
“The Department of Labor remains committed to using all litigation tools, including consent judgments, to recover all workers’ hard-earned wages. This case should remind other restaurant employers that violating the law leads to costly consequences,” said Angela France, an attorney in the department’s Office of the Solicitor in Arlington.
Representatives for Food For Thought could not be reached for comment.
For more information about the Wages and the Fair Labor Standards Act, visit the Department of Labor’s official webpage.
