MIAMI – A Dade County assisted living facility is accused of terminating an employee over complaints of not receiving overtime pay and regular wages.
Carlos J. Martin filed a complaint on Aug. 31 in the U.S. District Court for the Southern District of Florida, Miami Division against Villa Serena II Inc. and Roxana Solano citing the Fair Labor Standards Act.
According to the complaint, the plaintiff alleges that he worked as a live-in home health aide and caregiver for 104 hours per week without receiving the regular rate of pay or any overtime compensation. The suit states he was only compensated for 67.5 hours a week. The plaintiff holds Villa Serena II Inc. and Solano responsible because the defendants allegedly terminated plaintiff's employment as retaliation for complaining about not being paid the regular rate of pay and overtime wages. He also alleges his final paycheck was missing 31.5 hours of work.
The plaintiff requests a trial by jury and seeks compensatory damages, liquidated damages, back pay and other benefits wrongly denied, all legal fees and any other relief as the court deems just. He is represented by Zandro E. Palma of The Palma Law Group in Miami.
U.S. District Court for the Southern District of Florida, Miami Division Case number 1:16-cv-23743-CMA