What to know about Florida’s $600 tip credit

FAQ

A Florida judge has ruled that a local restaurant and a food truck owner can keep $600 in tip credit after their businesses filed a lawsuit against them. 

The Miami Herald reports that a Florida Circuit Court judge ruled in a Tuesday decision that the owners of Miami’s La Paz restaurant, which serves fried chicken and other dishes from its own kitchen, did not violate the Fair Labor Standards Act by not paying tipped workers.

The restaurant, known locally as The Diggler, sued in August for $6.6 million, alleging that it failed to pay minimum wage and overtime in 2012. 

In a lawsuit filed in January, the restaurant said that it paid workers minimum wage for 40 hours a week.

The company’s lawyer claimed that the company failed to make wage and hour payments because of an accounting error.

The judge said that the restaurant’s “statements of fact and law clearly show that La Pzaz did not intentionally fail to pay its employees their hourly rate, as required by the FLSA.” 

The judge wrote that the employees were entitled to tips, but that the law required that the employer pay at least the federal minimum wage.

The law states that tipped workers have a minimum wage of $2.13 an hour. 

La Pzazz did not respond to a request for comment. 

But in a statement, the owners said they were “extremely disappointed” by the ruling. 

“We are extremely disappointed in the court’s ruling,” the statement read.

“Our case is a small victory and a step in the right direction to improve the working conditions of restaurant employees in Florida.” 

La Cabañas, owned by brothers Joe and Mike La Cabaña, is a popular spot for families to get fried chicken.

 “When I heard about the ruling, I thought it was a joke,” Mike La La Cabajas told WFTV.

“The La Cabs, I guess they just get rich, right?”

 Joe La Cabbas said that they hope the ruling does not have an impact on other restaurants, as his brothers own several locations around Florida.

“If you think about it, what else are you going to do,” Joe La Cabeas told ABC News.

“You can’t make this shit up.

We’re gonna open the next one and they’re gonna be in jail.

We’ll have to hire new workers.”

 The case is La Cascas v.

The Diggs, FL Supreme Court, 2014-0901, SC13-0723.

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