ORLANDO, Fla. — 9 Investigates is pushing for answers on behalf of dozens of Moe’s Southwest Grill employees across Central Florida, after they say they went unpaid last week and were still being asked to come into work.

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Investigative Reporter Karla Ray found out the owner of that Moe’s runs several restaurants from Tampa to Orlando.  We tried to speak with him to ask when employees will be paid.

During what would have been the lunch rush at the Moe’s along 17/92 in Winter Park, we saw employees turning customers away, and packing up food.  They were closing, because workers say they haven’t been paid in over two weeks.

“I’ve been letting people know that we’re not open, and this is why,” Manager Tiffany McKenna said.  “I don’t understand how a franchise is in such dire straits that they can’t make payroll. Payroll should be the first thing you pay. It’s the people that are running your front line. So I just don’t understand.”

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McKenna showed 9 Investigates an email she says was sent last week by the franchise owner, who 9 Investigates confirmed is Tony Friel.  Friel has more than 30 active LLCs related to restaurants across Central Florida.

The email says, in part, ‘We have been fighting to keep up with all other bills.  But unfortunately we cannot make payroll,’ blaming an issue with deposits at the bank.

“They are living paycheck to paycheck, and they need to eat, they need to keep their cars, they need to pay their rent,” McKenna said.  “This isn’t right.”

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We tried calling Friel, who lives in the Tampa area.  He didn’t respond to our voicemail, or a text.

“It’s shocking, and it’s appalling.  These are people who are probably an extremely vulnerable class of people,” labor attorney Mike Grossman said.

Attorney Mike Grossman says missed payments aren’t just an inconvenience, but they could be illegal.

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“Long story short, if your employer is required to pay you on the date that it is agreed and understood that you will be paid, if your employer does not pay you on the date that you’re supposed to be paid, then that opens the door for potential legal action or complaints to the Department of Labor,” Grossman said.

The Wage and Hour Division enforces federal minimum wage, overtime pay, recordkeeping, and child labor requirements of the Fair Labor Standards Act. Workers who are concerned they may not have received their full wages can call or visit any Wage and Hour Office to ask about the laws or file a complaint through the toll-free help line: 1-866-4-US-WAGE (1-866-4-87-9243) or (407) 648-6471, Monday through Friday 8 a.m. to 4:30 p.m. Workers may also get more information about WHD or file a complaint online at: https://www.dol.gov/agencies/whd All information and services are free and confidential.

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