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WAGE AND HOUR

U.S. DISTRICT COURT, MIAMI

A Miami woman persuaded a jury that a restaurant in the Little Havana neighborhood where she worked as a server had not paid proper minimum wages or overtime.

From December 2016 to April 2017, Jeanny Garcia O’Reilly was employed at Esquina de la Fama II. She claimed she was paid $4.85 an hour, which was below the minimum wage for tipped employees. She sued The Art of Freedom Inc., which did business as Esquina de la Fama II.

The defense argued O’Reilly was paid $5.25 an hour and disputed how many hours she worked. The restaurant also asserted O’Reilly was an employee of a different restaurant business, which lacked sufficient income for the Fair Labor and Standards Act to apply. The jury awarded O’Reilly $8,733.

Case: O’Reilly v. Art of Freedom

Case No.: 1:17-cv-21251-KMW

Plaintiffs attorney: Brian H. Pollock, FairLaw Firm, Miami

Defense attorney: Michael D. Stewart, Law Offices of Michael D. Stewart, Miami