Dept. of Labor: Two Albuquerque seafood restaurants withheld employee tips, wages

Dept. of Labor: Two Albuquerque seafood restaurants withheld employee tips, wages

ALBUQUERQUE, N.M. (KRQE) – The U.S. Department of Labor recovered $253,000 from two Albuquerque seafood restaurants for illegally withholding part of workers’ tips and wages.

The department said the Crackin’ Crab locations on Pan American Freeway NE and Louisiana Boulevard NE broke federal law when they kept parts of tips that should have gone to 19 employees. The franchise restaurant also violated the overtime provisions by paying time and one-half the regular rate of pay after 80 hours in a pay period instead of time and one-half of the employees’ hourly wages for hours over 40 in a workweek.


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“Restaurant workers depend on their tips and overtime pay to support themselves and their families,” said Albuquerque-based Department of Labor Wage and Hour District Director Evelyn Ortiz in a news release. “Tips cannot be kept by the employer under any circumstances. The U.S. Department of Labor remains committed to protecting our nation’s workers.”

The department also issued a fine of $616 in civil money penalties for withholding employee tips.

Crackin’ Crab operates seafood restaurants at four locations in New Mexico and two locations in Texas.