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6 Subway eateries, including Willard one, ordered to fork over back wages

Norwalk Reflector Staff • Feb 17, 2011 at 11:32 PM

The U.S. Department of Labor has recovered $8,558 in back wages for 159 current and former workers of six Subway eateries, including one in Willard.

Operated by Scripture Only Inc. and owner David Andrews, the Subway eateries -- in addition to the one in Willard -- are located in Shelby, Ontario, Upper Sandusky, Fostoria and Alvada.

An investigation by the department's Wage and Hour Division determined that employees of these establishments were denied minimum wage and overtime pay in violation of the Fair Labor Standards Act.

"The Labor Department is making a concerted effort to protect vulnerable, low-wage workers who may not know their legal rights under federal labor laws. Businesses large and small are obligated to pay their workers fairly," said George Victory, director of the Wage and Hour Division district office in Columbus. "We have seen continued problems in this industry and will not hesitate to take the enforcement measures necessary to hold limited-service restaurants accountable for paying employees their hard-earned wages."

The investigation found that Scripture Only Inc. violated the FLSA by deducting cash shortages and the cost of uniforms from employees' pay, reducing their hourly rates below the federal minimum wage.

The company also failed to compensate employees for breaks of less than 20 minutes and to pay time and one-half their regular hourly rates of pay for hours worked over 40 per week.

In addition, the company failed to maintain proper records of the number of hours worked by employees by not recording required pre- and post-shift work in the total hours calculated.

The FLSA requires that covered employees be paid at least the federal minimum wage of $7.25 for all hours worked, plus time and one-half their regular hourly rates of pay for hours worked beyond 40 per week. Employers may make wage deductions for cash register shortages, certain uniforms and food; however, the deductions cannot result in an employee earning less than minimum wage for all hours worked. Additionally, the law requires that accurate records of employees' wages, hours and other conditions of employment be maintained.

For more information about the FLSA and other federal wage laws, call the Wage and Hour Division's Columbus District Office at (614) 469-6944 or call the division's toll-free helpline at (866) 487-9243. Information is also available on the Internet at http://www.dol.gov/whd.

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