Operational Updates

Labor Department recovers $61,568 for 11 workers after Denver restaurant kept tips

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Key takeaways

  • The Wage and Hour Division recovered $61,568 in back wages for 11 workers at Tommy’s Oriental Food Inc. (Tommy’s Thai) in Denver.
  • Investigators found the employer unlawfully kept all employee tips, violating the Fair Labor Standards Act (FLSA).
  • The employer also failed to record all hours worked and did not properly display a required FLSA poster.
  • Tommy’s Oriental Food Inc. paid an additional $990 civil money penalty for the violations.
  • WHD provides a toll-free helpline (866-4US-WAGE), industry-specific compliance toolkits, a PAID self-reporting program for employers, and a timesheet app to help ensure accurate hours and pay.

Follow Up Questions

What does the Fair Labor Standards Act (FLSA) say about who owns tips and when employers can touch them?Expand

Under the FLSA tips are the property of the employee; employers (including managers/supervisors) may not keep employees’ tips. An employer may take a tip credit only if it meets notice and recordkeeping rules, and tip pools are allowed only among employees who customarily and regularly receive tips (unless the employer pays full minimum wage).

What is the Wage and Hour Division and what authority does it have to investigate employers and recover back wages?Expand

The Wage and Hour Division (WHD) is the DOL office that enforces the FLSA and related laws; it has statutory authority to investigate employers, require records, assess civil money penalties for violations and recover unpaid/back wages on behalf of workers.

How does the Department of Labor calculate and distribute recovered back wages to workers?Expand

When WHD finds unpaid wages it calculates back pay by comparing required pay under the law (minimum wage, overtime, etc.) to amounts actually paid, notifies affected workers, and holds collected wages until claimants submit the Back Wage Claim Form (WH‑60) and identity documents; WHD processes claims (about six weeks) and issues payment electronically or by check; unclaimed funds are held up to three years then sent to the U.S. Treasury.

What is the PAID program and what happens if an employer self-reports violations through it?Expand

PAID (Payroll Audit Independent Determination) is DOL’s voluntary self‑audit program that lets employers disclose and correct FLSA violations; if an employer self‑reports under PAID DOL can resolve back wages with reduced enforcement exposure and avoid litigation but may still require payment of owed wages and any applicable civil penalties per program terms.

What is the required FLSA poster and where must employers display it?Expand

The required FLSA poster (‘‘Employee Rights under the Fair Labor Standards Act’’) explains minimum wage, overtime and tip rules; employers must display it in a conspicuous place at the workplace where employees can readily see it (physical or electronic where applicable).

How can a worker use the Wage and Hour Division’s search tool to check if they are owed back wages?Expand

Use WHD’s Workers Owed Wages (WOW) search: enter your employer’s name, verify your name if listed, submit contact info to receive Back Wage Claim Form (WH‑60), upload ID and documentation via login.gov; WHD processes claims (about six weeks) and then pays claimants.

What range of civil money penalties or other sanctions can employers face for similar FLSA violations?Expand

Penalties vary: for willful or repeated violations of minimum‑wage/overtime (29 U.S.C. §206/207) WHD can seek civil money penalties (CMPs) that are adjusted annually (example: up to $2,515 per violation in 2025); tip‑keeping violations under 29 U.S.C. 203(m)(2)(B) carry separate CMPs (e.g., $1,409 in 2025); posting violations can have smaller per‑offense fines (about $216 in 2025); criminal fines/imprisonment are possible for willful violations in limited cases under 29 U.S.C. §216.

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Labor Department recovers $61,568 for 11 workers after Denver restaurant kept tips · The Follow Up