Miami-Area Cuban Restaurant Company Hit with Wage and Hour Case

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El Ray De Las Fritas Corporation and one individual who runs the business are facing a proposed class action in which the plaintiff claims employees at the defendants’ Miami-Dade-area Cuban restaurants are owed unpaid wages. The plaintiff, who the case says worked as a cook helper from May 2016 through August 2017, alleges she worked a minimum of 51 hours per week at the defendants’ Hialeah, Florida location without being paid proper time-and-a-half overtime or being allowed to take bona fide lunch breaks. The case says the defendants compensated the plaintiff for only eight overtime hours worked per week, with the remaining three overtime hours going unpaid.

“[The plaintiff] was not allowed to punch in and out, and she was paid strictly on cash basis [sic]. [The defendant] did not provide [the plaintiff] with any paystub showing basic information about the real number of working hours per week, wage rate, employment taxes deducted etc.,” the lawsuit further claims. “Every week, [the plaintiff] just was required to sign a receipt showing 48 paid hours.” 

Later in the complaint, the plaintiff charges she was fired after returning from a pre-approved one-week vacation, with the defendants’ justification for the termination that the woman did not have authorization to take vacations. Prior to taking a vacation, the complaint notes, the plaintiff reportedly complained about missing hours and overtime to the defendants’ manager.