Feds: Servers at Fort Myers Japanese restaurant Ginza had to tip owners, managers

An investigation by the U.S. Department of Labor found that Ginza Japanese Restaurant in Fort Myers denied 75 servers their tips, on top of other pay irregularities.

According to a DOL release, investigators with the department’s Wage and Hour Division learned Ginza Fort Myers Inc. required servers to tip sushi chefs, owners and managers based on the servers’ total sales. These actions made their tip pool invalid under federal law.

The division also found the employers could not account for $22,000 in tips they withheld and had no records to prove those tips were paid to servers or any other employee. Ginza also failed to pay a regular rate and overtime to dual-occupation workers who completed separate job roles.

All of these actions violated the Fair Labor Standards Act. As a result of the investigation, the division recovered $262,322 in back wages and liquidated damages for the affected workers.

“Tips are the property of the employees who earn them. No employer has the right to keep any tips unless they are given directly to the manager who directly serves a customer,” read a statement from Wage and Hour Division District Director Nicolas Ratmiroff in Tampa. “This case shows that when an employer handles tip pools improperly, they may no longer apply a tip credit which can lead to an employer owing employees significant back wages and damages.”

Ginza Japanese Restaurant has operated at 4429 Cleveland Ave. Unit 10 since 2017.