MIAMI – A dental assistant has filed a suit over claims she was terminated for requesting to be paid overtime.

Maria Altagracia Rosario, also known as Maria Alta Rosario and Maria Rosario, filed a complaint on behalf of all others similarly situated on July 5 in the U.S. District Court for the Southern District of Florida against Douglas Herrera, D.D.S., M.S.C.D., P.A. and Douglas M. Herrera alleging violation and retaliation under the Fair Labor Standards Act.

According to the complaint, the plaintiff alleges that between April 2015 and April 2016, she worked for more than 40 hours without being paid any overtime wages. She also alleges that she was terminated by the defendants after repeatedly asking to be compensated for the extra hours worked. The plaintiff holds Douglas Herrera, D.D.S., M.S.C.D., P.A. and Douglas M. Herrera responsible because the defendants allegedly failed to pay any overtime compensation at a rate of time-and-one-half to plaintiff for all hours worked in excess of 40 per week.

The plaintiff requests a trial by jury and seeks economic damages, liquidated damages, interest, all legal fees and any other relief as the court deems just. She is represented by Steven L. Schwarzberg and Lisa M. Kohring of Schwarzberg & Associates in West Palm Beach.

U.S. District Court for the Southern District of Florida Case number 0:16-cv-61597-MGC

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