Overtime Pay Class Action Lawsuit Seeks Back Wages for Hotel Kitchen Staff

An overtime pay class action lawsuit will continue despite a Miami Beach hotel’s attempt to have the case thrown out.

Plaintiff Carlos G. is bringing this overtime pay class action lawsuit against Catalina Hotel, LLC and Nathan Lieberman. For more than eight years, Carlos says, he worked as a prep and line cook for the hotel’s restaurant, Maxine’s Bistro & Bar.

He was employed at the hotel from April 4, 2009 through May 24, 2017, but for Fair Labor Standards Act purposes, his relevant time of employment is 68 weeks.

Previous to February 2016, Carlos says he was paid by the hour and received overtime pay when he earned it. He was a non-exempt, full-time employee.

According to the overtime pay class action lawsuit, Carlos worked five days a week, from Wednesday to Sunday, from 7am to 6pm. The 11-hour days meant he averaged 55 hours per week during the relevant time period for approximately eight weeks. After that, he had an irregular schedule of five or six days, always working 55 hours or more, and never taking full lunch breaks.

He was paid a salary of $673.08 from February 2016 to March 31, 2017 (60 weeks); and $903.84 from April 1, 2017 to May 24, 2017 (8 weeks). He claims his paystubs did not reflect his true hours worked, but only indicated 40 hours per week.

Overtime Pay Class Action Lawsuit Alleges FSLA Violations

Catalina Hotel asked a Florida federal judge to throw out the case because Carlos was considered an executive level employee who was exempt from overtime pay.

The hotel argues that Carlos was promoted to the position of kitchen manager. That meant he supervised other employees while he also cooked, decisions in the kitchen, and earned more money than hourly employees.

“Courts have long found that where a cook or chef undertakes management and administrative duties along with actual food preparation, that employee is properly classified as an exempt employee,” insisted Catalina Hotel.

But Carlos says his employer willfully and intentionally refused to pay him overtime wages as required by federal law.

Carlos claims he is owed nearly $6,500 in unpaid, earned wages and is seeking his overtime pay, liquidated damages, and attorneys’ fees and costs for himself and for all other employees and ex-employees similarly situated who were not compensated appropriately since August 2014 to present.

U.S. District Judge Cecilia M. Altonaga refused to throw out the lawsuit in Miami federal court. Her one-page order did not give details as to why she let the overtime pay class action lawsuit continue, but did say she provided an explanation during the court proceedings held Friday, Oct. 6, 2017.

If you believe an employer has classified you as a manager in order to avoid paying overtime wages, you could benefit by speaking with an attorney regarding the possibility of an overtime pay class action lawsuit.

The Overtime Pay Class Action Lawsuit is Case No. 1:17-cv-23265 in the U.S. District Court for the Southern District of Florida.

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