A Florida restaurant owes its employees $118,000 after putting them to work for simple tips, according to the Labor Department. said

Editor’s Note: This story has been updated to correct information regarding Florida overtime pay. Previously, the information did not include overtime wages applied to account for tips, as is currently required in the calculation.

TAMPA, Fla. (WFLA) — A U.S. Department of Labor investigation found a Mexican restaurant in Jacksonville owed its employees nearly $120,000 in back wages after forcing servers to work only for tips and refusing payment of overtime.

USDOL’s investigation found that Mexican restaurant Rosy’s was not paying salaries to its servers, “forcing them to rely on tips from customers as their only compensation.” The restaurant also denied overtime pay to “dish washers, cooks and some servers for over 40 hours worked in a work week.”

Overtime pay is granted at 1.5 times standard pay for all hours worked beyond the 40-hour work week, in accordance with the requirements of the Fair Labor Standards Act. Based on current Florida wage laws, a server earns a minimum of $6.98 per hour before tipping.

The US Department of Labor noted that Florida state law limits the amount of tip credit to $3.02 per hour for tipped employees. As a result, real-time wages would need to cover $11.98 per hour, to account for lost wages, since the Florida state minimum wage is $10 per hour, which makes that overtime is usually $15. Subtracting the maximum tip credit per hour from $3.02, the hourly wage before overtime tips would be $11.98.

The department said employers are “always responsible for ensuring that tipped employees receive” tipped amounts to cover the $3.02 amount required for all hours worked.

In total, USDOL said Rosy’s owed 10 of its workers $118,042 in back wages and damages for denied wages and overtime.

“By denying servers cash wages and forcing them to live on tips alone and denying other workers overtime pay, Mexican restaurant Rosy has made it harder for these employees, who depend on every dollar, to take care of themselves and their families,” said Wage and Hour Division District Office Manager Wildalí De Jesús in Orlando, Florida.

The investigative report released by the department said E&E Quezada Food Services Corp., which operates the business, “failed to keep accurate payroll records” as well as violated labor laws and makes a 15-year-old employee work past 7 p.m., against Fair Labor Standards Act work requirements for under-16s.

Employees under the age of 16 are prohibited from working after 7 p.m. from Labor Day through May 31, according to the Department of Labor. From June 1 to Labor Day, these same employees cannot work after 9 p.m. The rule applies whether or not there is a school day the next day, such as weekends or holidays.

“Agency investigators became aware of the employer’s practices through the Employment Education and Outreach alliance. The alliance is a collaboration of community and non-governmental organizations, including state, local and federal agencies and Hispanic consulates, that provides information and assistance to Hispanic-speaking employees and employers regarding workplace rights and responsibilities,” said the department said in a statement.

Maria D. Ervin