$200,000 recovered for Tepanyaki workers

The U.S. Department of Labor said Tuesday it has recovered $200,000 in back wages for 230 employees who worked at Tepanyaki Japanese Steakhouse restaurants in Salt Lake City, Provo, West Jordan, Lehi and Clearfield.

The employer did not pay overtime to nonexempt salaried chefs, kitchen helpers and dishwashers when they worked more than 40 hours a week, a violation of the overtime provision of the Fair Labor Standards Act, the department said.

Tipped employees did not receive enough in tips to earn the minimum wage due to tips contributed to a pool that included kitchen employees, and also when deductions for billing errors and uniforms reduced wages below the minimum wage. That's a violation of the minimum wage provisions of the act, the department said.

The company has agreed to future compliance and payment of all back wages found due.

The federal minimum wage is currently $6.55 an hour. Workers must be paid time-and-one-half of regular wages for working more than 40 hours a week. Employees must maintain adequate and accurate records of employees' wages and hours and other conditions of employment, the statement said.

Tipped employees must earn a cash wage of at least $2.13 an hour if the employer claims a tip against their minimum wage obligation. If wages do not meet that level, the employer must make up the difference. Valid tip pooling is allowed among employees who customarily receive tips, such as wait staff, counter personnel and bar bartenders. Tipped employees aren't required to share tips with employees such as dishwashers, cooks, chefs and janitors, the statement said.

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