MIAMI – A Miami-Dade County man has filed suit against a Miami Lakes-based business and its CEO over claims he was misclassified as an employee as exempt from overtime wages.
Jorge Felix Perera Jr. filed a complaint on June 20 in the U.S. District Court for the Southern District of Florida against American Bancshares Mortgage LLC and John A. Cosculluela alleging violation of the Fair Labor Standards Act.
According to the complaint, the plaintiff alleges that between March 2013 and May, he worked for more than 40 hours per workweek for the defendants but was not paid any overtime wages. He also alleges he was not paid any compensation for April and May. The plaintiff holds American Bancshares Mortgage LLC and Cosculluela responsible because the defendants allegedly failed to pay overtime compensation to plaintiff, failed to comply with the minimum wage requirements of the FLSA and failed to maintain time records.
The plaintiff requests a trial by jury and seeks actual damages, unpaid wages, liquidated damages, interest, all legal fees and any other relief as the court deems just. He is represented by Kelly A. McGovern of Law Offices of Kelly A. McGovern PA in Delray Beach and Jennifer Saltz Bullock and J. Freddy Perera of Stearns Weaver Miller Weissler Alhadeff & Sitterson PA in Miami.
U.S. District Court for the Southern District of Florida Case number 1:16-cv-22291-FAM