A diner used servers' tip money to pay its bussers' wages. Now it has to pay $1.35 million.
A diner in a Philadelphia suburb must return $1.35 million in back wages and damages to more than 100 employees after it used its waiters tips to pay its bussers wages, the Department of Labor announced Wednesday.
Federal Judge Eduardo Robreno ruled last month that Empire Diner in Lansdowne, Pennsylvania, willfully violated labor laws and ordered it and two defendants the owner and a manager to pay $675,626.67 and an equal amount in damages to the affected employees, totaling $1.35 million.
A Labor Department investigation found Empire Diner violated minimum wage, overtime and recordkeeping laws. The chief offense was skirting tip credit requirements by using the service staffs tips to pay for bussers wages, according to the Department of Labor.
The department first filed a lawsuit against the restaurant in 2018. The restaurant's website indicates it operates a single location.
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