ORLANDO – Two former employees are suing a restaurant alleging that they weren't paid overtime.

Rocco Colacitti and Gabriele Marongiu filed a complaint on March 25 in the U.S. District Court for the Middle District of Florida against IBC Enterprises LLC, doing business as Alberto's on Fifth, Alberto's Restaurant LLC and Alberto Varetta, alleging that they violated the Fair Labor Standards Act and the Florida Minimum Wage amendment.

According to the complaint, the plaintiffs allege that they did not receive proper overtime compensation for all their hours worked in excess of 40 in a week during their employment. The plaintiffs hold the defendants responsible because the defendants allegedly willfully failed to properly compensate them at time-and-one-half of their hourly rate for all their extra hours worked. They also allege that they were not paid the applicable Florida minimum wage.

The plaintiffs request a trial by jury and seek compensation of all back wages due, liquidated damages, attorney’s fees, costs and expenses, prejudgment and post-judgment interest, an order for defendants to pay a $1,000 fine to the state of Florida for each such willful violation and any further relief that the court may deem just and proper. They are represented by Peter Bober and Samara Robbins Bober of Bober & Bober PA in Hollywood.

U.S. District Court for the Middle District of Florida Case number 2:16-cv-00232

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