T.G.I. Friday's Cited for Underpayment of Employees

in Framingham was on of 34 restaurants in Massachusetts cited by a U.S. Department of Labor initiative for significant violations of the minimum wage, overtime and record-keeping provisions of the Fair Labor Standards Act.

The Boston office of the federal department uncovered $1.307 million in back wages due to 478 employees of 34 establishments. In addition, the division now is assessing liquidated damages, payable to employees, when employers are found in violation.

"The restaurant industry employs some of our country's lowest paid workers, who are vulnerable to exploitation," said Secretary of Labor Hilda L. Solis in a press release. "In response to the extensive level of noncompliance we discovered, we will expand our efforts to bring the industry into compliance to ensure that employees receive the minimum wage and overtime wages required by law."

Among the other establishments found to have underpaid their workers are 15 Not Your Average Joe's restaurants in Greater Boston and eastern Massachusetts; six Science Partners restaurants in Cambridge and Boston, including Miracle of Science, Middlesex Lounge and Tory Row; Metropolitan Club restaurants in Chestnut Hill, Dedham and Natick; Noon Hill Grill in Medfield;  Fresh City restaurants in Burlington, Needham Heights, Newton Upper Falls and Woburn; and Paul W. Marks in Everett.

The federal Fair Labor Standards Act requires that covered employees be paid at least the federal minimum wage of $7.25 per hour, as well as time and one-half their regular rates for every hour they work beyond 40 per week.

The law also requires employers to maintain accurate records of employees' wages, hours and other conditions of employment, and prohibits employers from retaliating against employees who exercise their rights under the law. The Act provides that employers who violate the law are, as a general rule, liable to employees for back wages and an equal amount in liquidated damages.

The department has a smartphone application to help employees independently track the hours they work and determine the wages they are owed. Available in English and Spanish, users conveniently can track regular work hours, break time and any overtime hours for one or more employers. This new technology is significant because, instead of relying on their employers' records, workers now can keep their own records. This and other Labor Department apps are available at http://www.dol.gov/dol/apps.