Jenie Mallari-Torres Sep. 8, 2016, 5:46am


MIAMI – A former server at a Delray Beach restaurant alleges he is owed more than $30,000 in unpaid wages.

Ayhan Ozkan filed a complaint on Aug. 30 in the U.S. District Court for the Southern District of Florida against Burak Foods LLC, formerly doing business as Mediterranean Kebob House; Troy Food LLC doing business as Mediterranean Kebob House; and Fayik Atim alleging violation of the Fair Labor Standards Act.

According to the complaint, from January 2014 to April 29,  the plaintiff was not compensated for his job as a server. He alleges his compensation consisted solely of tips he received from customers and that he was not paid minimum wage, overtime or any other form of compensation. Plaintiff believes that he is entitled to unpaid minimum wages under federal law in the amount of $30,196.25 plus equal amount as liquidated damages totaling $60,392.50. He also alleges he is entitled to $33,318.25 for minimum wages under Florida law, plus liquidated damages of $66,636.50.

The plaintiff holds Burak Foods LLC, Troy Food LLC and Atim responsible because the defendants allegedly violated the minimum wage and maximum hour provisions of the FLSA and failed to maintain time records of plaintiff.

The plaintiff requests a trial by jury and seeks judgment in his favor, award unpaid minimum wages, damages, attorney's fees, costs of litigation, interest and further relief that the court may deem just. He is represented by Michael A. Pancier of Law Offices of Michael A. Pancier PA in Pembroke Pines.

U.S. District Court for the Southern District of Florida Case number 16-cv-81529

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U.S. District Court Southern District of Florida Key West Division
301 Simonton St
Key West, FL 33040-6812

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