Josephine’s Italian Restaurant, Owner Accused of Wage Violations

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Four former employees of Florida-based Josephine’s Italian Restaurant, Inc. have filed suit against the company and an individual owner over claims that they violated federal and state labor laws. The plaintiffs allege that the defendants refused to pay employees for any hours they worked above 40 per week or above six per day. As a result, they were, “on a regular and consistent basis,” robbed of all required minimum and overtime wages owed to them, the suit claims.

The complaint further argues the defendants enjoyed an unlawful tip-credit on employees’ wages to which they were not entitled because the company retained some of the tips for their own enrichment. The plaintiffs allege, in particular, that the defendants would subtract five percent of their tips to pay “non-existent” busboys and food runners, and would take another five percent off of all credit card tips. As a result of these allegedly improper deductions, the defendants were required to pay employees the full minimum wage instead of the discounted tip-credited wage, the suit says.