Monarca’s Mexican Restaurant Faces Unpaid Wage Claims

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Real Monarca Inc. (which does business as Monarca’s Authentic Mexican Cuisine Bar & Grill) and an individual owner are facing claims that they failed to pay employees proper minimum and overtime wages. In a proposed collective action, a former server says he worked at the defendant’s Cape Coral, Florida location from April 26, 2014 to May 17, 2017. According to the complaint, servers like the plaintiff received customer tips that were subject to a "tip credit" and were paid a less-than-minimum hourly wage. The suit argues, however, that the defendants never provided notice that they would be taking a tip credit on employee wages and therefore failed to adhere to the Fair Labor Standards Act’s (FLSA) tip pool requirements, meaning they were required to pay employees the full minimum wage.

 Furthermore, the complaint claims employees often worked more than 40 hours per week without receiving time-and-a-half overtime wages, as mandated under the FLSA.