A proposed class action filed in federal court in Florida alleges that cooks at Carrabba’s were required to work off the clock and did not receive overtime pay. The plaintiff claims that OS Restaurant Services Inc., doing business as Carraba’s Italian Grill, violated the federal Fair Labor Standards Act by failing to provide proper compensation, resulting in Carrabba’s unjust enrichment.

According to a report on Law360 (subscription required), Danny Batista, who worked as a cook at Carrabba’s in Tampa since 1999, filed the lawsuit on behalf of himself and a similar class of employees. The complaint asserts that the company maintained a policy or practice of requiring its cooks to work off the clock in an effort to avoid paying them for the hours they put in, most of which were overtime hours.

Mr. Batista was earning $16.00 per hour and performed regular duties including cooking, food preparation, and catering.

If you or someone you know feels that an employer has failed to pay regular or overtime wages in violation of state and federal laws, please contact the attorneys in Sommers Schwartz’s Employment Litigation Group today to discuss your right to recover compensation.


Jason J. Thompson

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Jason J. Thompson

Jason Thompson is a nationally board certified trial attorney and co-chairs Sommers Schwartz’s Complex Litigation Department. He has a formidable breadth of litigation experience, including class action and multidistrict litigation (MDL), and practices nationwide in both state and federal courts.