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Busboy Unpaid Overtime Class Action Lawsuit

This lawsuit alleges a Florida based restaurant group intentionally violated the Federal Fair Labors Standards Act by failing to pay required overtime and minimum wages to employees (busboys).

Florida resident Raymundo Jose Gonzalez was an employee at Hunan Gardens, a Palm Beach County restaurant owned and operated by H & L FOODS, LLC, from February 15, 2010 through May 1, 2015. Gonzalez worked an average of 75 hours per week as a busboy at Hunan Gardens. 

Pursuant to the Fair Labor Standards Act (FLSA), 29 U.S.C. § 206(a)(1), an employer must pay a minimum wage of $5.15 per hour to an employee who is engaged in commerce, which rate was raised to $7.25 per hour on July 24, 2009.

As alleged in the complaint  an FLSA covered employer (gross sales or business done in excess of $500,000 annually) that employs an employee for more than forty hours in any workweek must compensate the employee for hours in excess of forty “at a rate not less than one and one-half times the regular rate at which he is employed.”  

Gonzalez alleges he was paid an average of $5.33 per hour, but was never paid the overtime rate for any hours worked over 40 hours in a week, as required by the FLSA.  The half-time overtime rate claim is based upon the applicable minimum wage rate for each hour worked above 40 hours in a week.  Gonzalez seeks the difference between his average hourly rate of $5.33 per hour and the applicable federal minimum wage rate of $7.25 per hour for all hours worked during the claim period.

Gonzalez brought suit in U.S. District Court for the Southern District of Florida as a collective action on behalf of himself and similarly situated individuals alleged not to have been paid overtime and minimum wages for work performed in excess of 40 hours weekly for the three year prior to the filing of the complaint.  Specifically, Gonzalez alleges the restaurant owners/operators:

  • knowingly engaged in federal overtime and minimum wage violations in wages paid to employees by willfully and intentionally refusing to pay employee overtime wages as required by the FLSA; and 
  • knew of the overtime requirements of the FLSA and recklessly failed to investigate whether its payroll practices were in accordance with federal law.

The suit seeks double damages and attorney fees from Hunan Gardens, as authorized by the FLSA. 

Article Type: Lawsuit
Topic: Employment

Most Recent Case Event

Busboy sues for unpaid overtime

September 23, 2015

This is a basic complaint in which a busboy asserts he is entitled to time and a half for all hours worked over 40 each week.

hunan_gardens_busboy_complaint.pdf

Case Event History

Busboy sues for unpaid overtime

September 23, 2015

This is a basic complaint in which a busboy asserts he is entitled to time and a half for all hours worked over 40 each week.

hunan_gardens_busboy_complaint.pdf
Tags: Employment Violations, Unpaid Overtime, Your Job