MIAMI – A former server has filed a class-action lawsuit against a Miami restaurant and its owner over allegations they didn't pay employees proper wages.
Valdo Sulaj filed a complaint on behalf of others similarly situated on April 7 in the U.S. District Court for the Southern District of Florida against
Il Gabbiano Miami LLC and Gino Masci
alleging that they violated the Fair Labor Standards Act.
According to the complaint, the plaintiff alleges that between March 2015 and March 2016, he did not receive the minimum wage rate and overtime premium for all works performed as required by law. The plaintiff holds Il Gabbiano Miami LLC and Masci responsible because the defendants allegedly failed to prove they are entitled to apply a tip credit to its employees, illegally implemented the tip-sharing scheme and willfully failed to pay minimum wage and overtime premium for all hours worked in excess of 40 per week.
The plaintiff requests a trial by jury and seeks compensation for all wages earned and due, an equal amount of liquidated damages, reasonable attorney's fees and costs and such other and further relief as the court may deem just and proper. He is represented by Robert W. Brock II of Law Office of Lowell J. Kuvin in Miami.
U.S. District Court for the Southern District of Florida Case number 1:16-cv-21239