DOL Recovers $61,568 from Tommy's Thai for 11 Workers' Withheld Tips

The U.S. Department of Labor’s Wage and Hour Division recovered $61,568 in back wages for 11 employees of Tommy’s Oriental Food Inc., doing business as Tommy’s Thai in Denver, the agency announced Feb. 12, 2026. The WHD found the employer unlawfully retained employee tips in violation of the Fair Labor Standards Act and assessed a $990 civil money penalty.

The WHD investigation cited multiple violations at Tommy’s Thai including the unlawful retention of tips, failures to maintain accurate records of hours worked, and the failure to display the required FLSA workplace poster. One account of the case referenced the statutory prohibition in FLSA Section 3(m)(2)(B), which "prohibits employers and managers from keeping any portion of another’s tips."

The monetary recovery consists of $61,568 in back wages for the 11 affected workers; secondary coverage rounded that figure to "$62K" in headlines, but the WHD amount is the exact recovery reported by the agency. Tommy’s Thai also paid the $990 civil money penalty required by the WHD enforcement action.

David Skinner, Wage and Hour Division’s district director in Denver, commented on the case, saying, "Violations like these are all too common in the food service industry. Most restaurant employers are legally obligated to comply with the FLSA, which prohibits employers, including managers and supervisors, from keeping any portion of another’s tips." The WHD encourages employers to use its industry-specific compliance assistance toolkits and noted its PAID program offers employers an opportunity to self-report and resolve potential FLSA minimum wage and overtime violations.

Enforcement at Tommy’s Thai occurred as Colorado implemented its 2026 minimum wage increases and new tip credit flexibility, a timing noted in the case coverage. Nationally, the Economic Policy Institute’s analysis of WHD enforcement data for fiscal years 2017–2020 shows the department recovered $1,155,638,398 in back wages across those years, with annual recoveries of $270,403,906 in FY2017, $304,914,114 in FY2018, $322,490,774 in FY2019, and $257,829,604 in FY2020; the overall average recovered per worker in that period was $1,101.

Local enforcement examples from Denver’s labor office offer additional context: past recoveries include $2,594.22 for a former Genco Injury Attorneys employee’s final paycheck, $28,803.09 for two commercial real estate employees, $1,735.20 for a Tribe Recovery Homes complainant, $27,794 returned to 14 employees of a nail salon, and $77,969 recovered for 14 workers at Las Margs Tavern.

Workers and employers with questions about tip rules, recordkeeping, or FLSA posting requirements can contact the WHD toll-free helpline at 866-4US-WAGE (487-9243). The WHD release did not specify the payroll periods covered by the $61,568 calculation or whether the amount included interest or liquidated damages, and no employer statement was provided in the materials reviewed.