Chicken Or The Egg To Pay $768K For Wage, Visa Violations: USDL

Which came first: the chicken or the labor violations? The U.S. Department of Labor fined The Chicken Or The Egg restaurant in Beach Haven $768,548 for labor and visa-program violations, the USDL announced Thursday.

The chicken joint failed to pay workers time-and-a-half for overtime hours, always recording 40 hours or fewer on payroll each week, which violates the Fair Labor Standards Act, the USDL said. They paid workers for overtime in cash and did not record it, according to the USDL.

The Chicken Or The Egg also HB-2 Visa Program requirements, the USDL said. The restaurant "failed to furnish each H-2B employee, on or before each payday, with a written statement accurately listing their total earnings each workweek in the pay period," the USDL said.

Three HB-2 employees worked as bussers, despite the employer's applications for these temporary workers only receiving approval for food preparation, according to the USDL.

"The employer paid these employees less than the prevailing wage rates required for H-2B workers in Ocean County, New Jersey," the USDL's statement said.

Cramark Inc. will pay 23 employees $359,077 in FLSA back wages, an equal amount in liquidated damages, plus $7,792 in H-2B back wages to two employees, the USDL said. The Department said it also enforced a civil penalty of $42,602 against the employer "for the willful nature of the wage violations."

Cramark Inc. agrees to future compliance with wage and visa provisions, the USDL said.

Before U.S. Citizenship and Immigration Services can approve an employer's petition for H-2B visa workers, the employer must file an application with the Department that there aren't U.S. employees who are able, willing, qualified and available, according to the USDL.

Employees who discover overtime or minimum-wage violations can self-report them without litigation through the PAID program.