MIAMI – A cook alleges he was terminated in retaliation by his former Miami-Dade County employer for his complaints about not being properly paid for overtime work.

Emmanuel Garay, individually and on behalf of all others similarly situated filed a complaint on March 20 in the U.S. District Court for the Southern District of Florida against Little Brazil USA Corp., doing business as Little Brazil and formerly known as Miabraz LLC, and Marcelo Guimaraes alleging that they intentionally violated the Fair Labor Standards Act.

According to the complaint, the plaintiff alleges that he worked for the defendant from November 2015 to February 2017. The plaintiff holds Little Brazil USA Corp., doing business as Little Brazil and formerly known as Miabraz LLC, and Guimaraes responsible because the defendants allegedly did not properly compensate him at a rate no less than one-and-a-half times his regular rate for hours that he worked in excess of 40 per week, retaliated against and discharged him for seeking overtime payments.

The plaintiff requests a trial by jury and seeks to recover unpaid overtime compensation, an additional amount as liquidated damages, costs and attorney’s fees and such other and further relief. He is represented by R. Martin Saenz of Saenz & Anderson PLLC in Adventura.

U.S. District Court for the Southern District of Florida Case number 1:17-cv-21019

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