Tutti Frutti Franchisee In New Hampshire, Massachusetts Fined For Retaliation

NEWINGTON, NH — An owner of three Tutti Frutti franchises in two states has been fined by the federal government for wrongfully firing an employee who asserted their rights to tips they earned.

A U.S. Department of Labor investigation into a complaint against TF Holyoke LLC of Newington, and Hadley and Holyoke, Massachusetts, found the owner failed to keep complete tip records and admitted they kept a portion of employee tips, using them for business expenses, according to officials. The Fair Labor Standards Act prohibits owners and managers from participating in tip pools or keeping any portion of employee tips for any reason or purpose.

In a settlement, TF Holyoke LLC paid $6,438 in back wages to the fired employee as well as an equal amount in liquated damages to 19 employees at the Holyoke, MA, location. The employee was also paid $10,000 in punitive damages and $1,978 in back pay during the time period they searched for another job. The labor department also fined the company $1,064.

“Retaliation against an employee who asserts their Fair Labor Standards Act rights is against the law, and the Wage and Hour Division will pursue appropriate remedies for employees,” Wage and Hour Division District Director Carlos Matos said. “In total, this employer paid $24,854 for tip and anti-retaliation violations of the FLSA.”

Workers and employers can contact the division confidentially at its toll-free number, 1-866-4-US-WAGE (487-9243). Learn more about the Wage and Hour Division, including the agency’s restaurant compliance assistance toolkit, an overview of FLSA protections for restaurant workers and Workers Owed Wages, a search tool to use if you think you may be owed back wages collected by the division. Workers and employers alike can help track their hours worked and pay by downloading the department’s Android and iOS Timesheet App for free in English or Spanish.

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