MIAMI – A server at a chain of sushi restaurants alleges he was not paid overtime wages.
Redys Padron filed a complaint on May 4 in the U.S. District Court for the Southern District of Florida against American Sushi LLC and The Sushi Spot LLC, doing business as Obba Sushi & More, and Walter Zapata alleging that they allegedly violated the Fair Labor Standards Act.
According to the complaint, the plaintiff alleges that throughout his employment he regularly worked in excess of 40 hours per week but was not paid the overtime rate, allegedly because the defendants would require him to shuttle between locations to avoid overtime. The plaintiff holds American Sushi LLC, The Sushi Spot LLC and Zapata responsible because the defendants allegedly willfully engaged in a practice that denied him the applicable minimum and overtimes wages, intentionally forced him to participate in an illegal tip-sharing scheme and intentionally scheduled him at both restaurant locations and paid all hours at the straight tipped-employee minimum rate.
The plaintiff requests a trial by jury and seeks liquidated damages, attorneys’ 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-21593