MIAMI — A waitress is suing Fun Time Billiard & Restaurant Corp. and Julio Genao, a former employer, citing alleged violations of the Fair Labor Standards Act.

Yaneth Martinez filed a complaint on Oct. 31 in the U.S. District Court for the Southern District of Florida Miami Division against Fun Time Billiard & Restaurant Corp. and Genao, alleging that the former employer failed to pay employees for all hours worked at a correct rate.

According to the complaint, the plaintiff alleges that in March 2015, she began working for the defendants as a waitress until August 2016, during which time she worked in excess of 40 hours in a week and was entitled to be compensated for overtime hours at a rate of one and a half times her hourly rate. However, she claims, the defendants refused to fully compensate her for overtime wages. 

The plaintiff holds Fun Time Billiard & Restaurant Corp. and Genao responsible because the defendants allegedly failed to keep or provide an accurate record of employees' hours worked, failed to compensate employees with overtime wages, and failed to properly apprise employees of their rights under the FLSA.

The plaintiff requests a trial by jury and seeks judgment against defendants, unpaid back wages, damages, declaratory judgment, costs, attorney's fees and further relief as the court deems just. She is represented by Luis A. Cabassa of Wenzel Fenton Cabassa in Tampa.

U.S. District Court for the Southern District of Florida Miami Division Case number 16-cv-24545

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U.S. District Court Southern District of Florida Miami Division

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