Restaurant Cited for Depriving Service Staff
The federal Department of Labor (DOL) Wage and Hour Division (WHD) has cited Naya Ding, Inc., owner of Rowland Heights restaurant, Ma’s Kitchen, $17,311 for unpaid overtime and an illegal tip pool.
The restaurant distributed only a portion of tips to the employees and kept the rest. It also did not maintain correct time records and failed to pay some employees overtime for work over 40 hours.
WHD’s Rafael Valles stated: “Burdening employees with business expenses takes hard-earned wages out of workers’ pockets. That’s why the U.S. Department of Labor is committed to ensuring employers pay workers their fully earned wages in compliance with federal law, and its Wage and Hour Division will use every enforcement tool necessary to resolve cases like this.”
California law and federal law prohibit management from sharing in employees’ tips. Tip pooling with other service workers, such as cooks and bussers, is permitted.
TAKE-AWAYS:
Employers must pay all overtime employees earn and may never keep a portion of employees’ tips.
For further information, please contact Tim Bowles, Cindy Bamforth or Helena Kobrin.
See also:
- Find Out What’s New in 2026 For a Happi(er) New Year
- California Invests $18 Million to Prosecute Wage Theft (March 2024)
- Mais No, Cheapo: French Restaurant Accused of Tip Theft (January 2024)
Helena Kobrin
January 13, 2025