Here's a startling fact: The accommodation and food services industry ranks No. 1 in volume for FLSA wage and hour prosecutions by the U.S. Department of Labor.

To put that number in perspective, that's approximately 25 percent of all the cases the DOL has brought since 1985 — almost 30,000 in total. To put it another way, hotels and restaurants across the country — large and small — have paid out more than $276 million in government prosecutions alone.

What's going on behind these alarming numbers? As Daniel Abrahams of Brown Rudnick LLP says, these investigations don't just fall on the doorstep of the "shady employer."

"A dispute with the DOL or a group of employees doesn't mean you're a bad employer," Abrahams said. "It just means that you ran afoul of some very complicated rules. There's no shame to be had in not knowing all the rules offhand, or running into trouble with these requirements."

So, why exactly is the accommodation and food services industry No. 1 for wage and hour prosecutions — and even more importantly, what can business owners do about it?

1. Employee classifications

The industry is filled with middle-management employees who are classified as exempt and earn salaries somewhere between the current overtime threshold of $23,600 and the new overtime threshold of $47,467 that was proposed in May 2016 (but is currently under review).

Business owners should know that it's exempt employees like these who inspired the DOL's new overtime threshold in the first place — employees whose classification is based on salary thresholds that haven't been updated for more than 10 years and whose job duties don't line up with the DOL's requirements for exempt status. And while the new rules are on hold for now, many employees are still considered misclassified based on job duties alone.

What business owners can do: The bottom line is, many business owners make the mistake of basing their employee classification on salary alone. And that's a mistake that can result in a costly lawsuit. Now is the time to audit your employees' job duties, ensure your employees are classified correctly, and make any changes necessary with the help of legal counsel.

2. Employees across multiple locations

At the heart of almost any FLSA wage and hours dispute is the central question of "Was this employee paid accurately for the hours he or she worked?" And when business owners juggle employees across multiple locations, the game of he said/she said can snowball quickly.

Chains, franchises and multiple locations are common in the accommodation and food services industry. This can be a terrific model for growth, but a big challenge when it comes to keeping track of employee hours accurately and efficiently.

"For restaurant owners that have no way to [efficiently] track work hours of employees, including those believed to be exempt, they will be at a significant disadvantage if faced with an FLSA lawsuit," Doug Miller of Elarbee Thompson says.

What business owners can do: Having organized, accessible and accurate records of employee hours is critical — and not necessarily just for nonexempt employees. While the DOL only requires that time records be kept for nonexempt employees, it's a good idea for food service professionals in particular to keep records for all employees to see who's on the job, when they arrived and departed, what they worked on during a shift, and whether overtime was accrued across multiple locations.

3. Minimum wage violations

In the accommodation and food services industry, razor-thin profit margins are often the name of the game, especially during slow seasons. A significant portion of employees within the industry are lower-wage and minimum wage. Many are tipped, which brings additional challenges under the FLSA's minimum wage laws.

It shouldn't come as a surprise, then, that minimum wage violations are especially rampant in the accommodation and food services industry. The DOL says that minimum wage violations are "concentrated in the leisure and hospitality industry" and "most prevalent in the service occupations."

What business owners can do: Don't assume you can leave minimum wage to chance, especially when it comes to tips. The DOL determined that this industry a high risk for minimum violations, which means, as U.S. Secretary of Labor Thomas Perez has said, "To address the scale of this problem, we will redouble our enforcement efforts and partnerships to ensure workers take home the wages they earned and deserve."

4. Overtime

The accommodation and food services industry doesn't keep an 8-5 schedule. Overtime is par for the course, especially during busy seasons like the holidays.

Unfortunately, overtime means more than just extra costs. It's also the root cause of 80 percent of wage and hour prosecutions brought by the DOL. Failing to take bonuses and tips into account when calculating an overtime rate and refusing to pay unauthorized overtime are two of the stickiest situations when it comes to overtime.

What business owners can do: Consult legal counsel to make sure you're paying your employees the correct overtime rate. And remember, you're required to pay employees for all hours worked — whether they were authorized or not. Use disciplinary action as detailed in your policies to deal with the infraction — but don't reduce pay or you may find yourself facing a lawsuit.

5. Off-the-clock work

Off-the-clock work, also known as "wage theft," is another pitfall for the accommodation and food services industry. It happens when employees are asked or encouraged to work — without actually being paid for those hours or minutes.

It might happen when an employee is encouraged to "help out" or "be a team player" even after his or her shift has ended or during a lunch break. It might happen when the cost of a mandatory uniform is deducted from an employee's paycheck.

What business owners can do: Don't ever make the mistake of thinking "it's just a few minutes" or "this is just what's required of a team player." A few extra dollars for a few extra minutes' work might not mean much to you, but it can add up for employees who are working in a lower paying job — and give an employee incentive to sue.

When it comes to wage and hour disputes, an ounce of prevention is the name of the game. And in the top industry for this type of violation of the FLSA, two ounces might be a good idea.

Staying vigilant with self-audits, keeping accurate records of employee hours and paying close attention to trouble spots like overtime and off-the-clock work are crucial practices for business owners who want to stay out of hot water with the DOL.