Restaurant workers file claim against employers for alleged unpaid overtime, incorrect wages

By Jenie Mallari-Torres | Aug 19, 2016

ORLANDO — A group of servers has filed a class-action lawsuit against Mika Sushi LLC, Amura Japanese Restaurant Inc. and Scarlet Chung, restaurant owner, for allegedly not receiving correct wages and for unpaid overtime. 

Alma Melendrez filed a complaint on behalf of others similarly situated on Aug. 8 in U.S. District Court for the Middle District of Florida, Orlando Division, against the defendants alleging that they knowingly violated applicable minimum wage law.

According to the complaint, the plaintiffs allege that Alma Melendrez and those similarly situated were paid a salary wage of $3.02 and an overtime wage of $3.02, while the applicable Florida minimum wage at that time of $7.79 and overtime rate of $11.685. Plaintiffs allege they were also required to give a percentage of their sales to non-tipped employees, such as the management and owners. The plaintiffs hold Mika Sushi LLC, Amura Japanese Restaurant Inc. and Scarlet Chung responsible because the defendants allegedly failed to pay the plaintiff and those similarly situated in accordance with the law and carried out their unlawful practice of taking a percentage of the plaintiffs' sales for their own benefit.

The plaintiffs request a trial by jury and seek judgment against defendants, payment of all hours worked over 40 per week at the overtime wage, liquidated damages equal to payment of all overtime hours at full overtime wage, attorney's fees, costs and other relief as the court may deem just. The plaintiffs are represented by Robert W. Brock of Law Office of Lowell J. Kuvin in Miami.

U.S. District Court for the Middle District of Florida, Orlando Division, case number 6:16-cv-01414

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Amura Japanese Restaurant U.S. District Court for the Middle District of Florida, Orlando Division

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