FOR IMMEDIATE RELEASE
September 15, 2026
NOT YOUR AVERAGE JOE STATEMENT REGARDING U.S. DEPARTMENT OF LABOR
COMPLAINT
OKLAHOMA CITY - On September 11, 2026, the U.S. Department of Labor filed a federal complaint against Not Your Average Joe, Inc. and its founder and Executive Director, Tim Herbel, concerning wage-and-hour practices. NYAJ had been actively engaged in settlement discussions with the Department before the filing and remains focused on reaching a responsible resolution that is fair and just.
NYAJ is one of Oklahoma's most impactful nonprofits, employing hundreds of those with special needs in meaningful employment. By our nature and at our core, we believe strongly in the dignity of work, and subsequently, in employees receiving every dollar they are legally owed. Most employee tips were distributed; however, certain reductions from tip distributions for business-related costs were not permitted under federal law. Some tip distributions were occasionally delayed, and aspects of our historical recordkeeping were not adequate. NYAJ intends to make employees whole for amounts legitimately owed and has strengthened the systems involved months ago and has brought on consultants to look at every system to ensure no gaps remain.
At the same time, NYAJ disputes the characterization that employee tips were arbitrarily determined or that NYAJ simply kept all employee credit-card tips. Historical tip allocations were calculated using spreadsheets based on hours worked, and tip distributions were handled by multiple people within the organization over the years, including site managers, and at times, third party bookkeepers.
"Since its inception in 2019, NYAJ has encountered rapid growth and has been focused on our mission of including people of all abilities in the workplace. In order to continue that growth and be sustainable for the next generation of employees, with disabilities and without, we need to now grow deep and not just wide."
The complaint also raises other wage-and-hour, recordkeeping, and youth-equipment compliance issues in which noble intent did not match the letter of the law. NYAJ has implemented stronger onboarding, payroll, timekeeping, tip, recordkeeping, training, and equipment controls as part of its response.
"We have owned any procedural error, corrected it, and will make employees whole for amounts legitimately owed. We will also be equally committed to factual accuracy where the government's allegations do not reflect how our systems actually operated. Protecting employees and telling the truth about what happened are not competing values. We intend to do both."
NYAJ respects the Department of Labor's role in protecting workers and does not seek a public battle with the agency. The organization's goal is a fair, accurate, and proportionate resolution that protects employees, corrects compliance failures, and allows NYAJ to continue creating meaningful employment and learning opportunities for people of all abilities across Oklahoma.
NYAJ continues to operate normally and fulfill its commitments to employees, customers, vendors, schools, landlords, and community partners. Visit our website NYAJ.coffee for more information or join us at a local store to engage in our mission of making the world more accept-ional , including people of all abilities.
Media inquiries:
Tim Herbel | tim@nyaj.coffee
