Orlando Former Employee Alleges Restaurant Owner Violated FMWA

April 25, 2018

A former employee is suing an Orlando restaurant owner, alleging violation of the Florida Minimum Wage Act (FMWA).

The man filed a complaint April 9 in Orange Circuit Court alleging the restaurant owner failed to provide employees their proper wages, benefits and incentives.

According to the complaint, starting in September 2015, the man worked at the restaurant as a manager and bartender. He says he has suffered lost wages as a result of the restaurant’s unlawful conduct in compensating him at a rate less than the minimum wage by taking tip credit from his wages.

He says the restaurant failed to compensate him at the applicable minimum wage for all hours worked for performing dual occupational tasks, improperly applying a tip credit to every hour that he worked, and failed to keep complete and accurate time record of its employee.

The 2018 Florida minimum wage is $8.25 per hour. According to the FMWA, employers of tipped employees, who meet eligibility requirements for the tip credit under the FLSA, may credit towards satisfaction of the minimum wage tips up to the amount of the allowable FLSA tip credit of $3.02. The employer is still required to pay tipped employees a direct wage. The direct wage is calculated as equal to the minimum wage ($8.25) minus the tip credit ($3.02), or a direct hourly wage of $5.23 as of January 1, 2018.

Client Reviews

This firm was extremely helpful and courteous to deal with. I did not expect to need their services, but was fortunate to find such a great firm. Thank you for your services.

E.S.

Great customer service. I was always kept updated on every new detail throughout my whole case. The staff made me feel very comfortable and confident in choosing their services. Highly recommend.

C.B.

I have been to this office three different times and have not one complaint ! Always prompt and on point. I wouldn't pick any other office!

R.S.

The staff was very attentive and answered all my questions regarding my criminal case. I was very pleased with the outcome and professionalism.

C.V.

Could never see myself using any other law firm. My case was a difficult one it was handled with perfection and extreme professionalism.

R.B.

Call Us Now: 866-608-5529

  1. 1 Free Consultation
  2. 2 Available 24/7
  3. 3 Experienced Representation
Fill out the contact form or call us at 866-608-5529 to schedule your free consultation.

Tell Us About Your Case

Visit Us

Main Office
11020 Northcliffe Blvd

Spring Hill, FL 34608

Phone: 352-666-2121 Fax: 352-556-4839 Toll Free: 1-866-608-5LAW