Fmr. Yambo Restaurant Employee Sues to Recover Allegedly Unpaid Wages

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Miami’s Yambo Restaurant and its two owners are the defendants in a lawsuit wherein the plaintiff alleges the Nicaraguan eatery failed to pay appropriate minimum and overtime wages.

The case says the plaintiff worked in the defendants’ kitchen from March 2004 through April 2018. The woman reportedly put in 69 hours per week throughout her employment for a fixed weekly cash salary of $400. According to the suit, the plaintiff “was not allowed to clock in and clock out like other employees” and was provided no records of paystubs detailing the real number of regular and overtime hours she worked, not to mention wage rate and taxes withheld.

“The salary of $400 weekly paid to [the plaintiff] for 69 working hours weekly, resulted in an hourly rate of $5.80 which is lower than the Federal mandatory minimum wage of $7.25,” the lawsuit states. “In addition, the plaintiff did not receive any compensation for overtime hours.”

In February 2018, the plaintiff reportedly complained to one of the individual defendants about her salary and demanded to be paid overtime wages. After the individual defendant refused, the lawsuit says, the plaintiff again complained a month later, only to reportedly be told, “We don’t pay overtime here, take it or leave it.” The woman supposedly requested a sick day in early April. When she showed up for work the next day, she was terminated by the individual defendants, according to the lawsuit.