HOUSTON – A Harris County man alleges his Houston restaurant employer took advantage of the tip credit and that he is owed wage compensation.

Antonio Iniesta, individually and on behalf of all others similarly situated, filed a complaint on Sept. 5 in the Houston Division of the Southern District of Texas against ULA's Washington LLC alleging violation of the Fair Labor Standards Act.

According to the complaint, the defendant operates restaurants under the Ula's Mexican Restaurant and Cantina names and the plaintiff was employed as a server from September 2014 to October 2015. He alleges the defendant used the tip credit to pay employees a direct wage that was less than the minimum wage.

The plaintiff holds ULA's Washington LLC responsible because the defendant allegedly took advantage of employees tip credit, paid employees below the federal minimum wage and overtime rates and failed to pay its employees for all the hours they worked.

The plaintiff requests a trial by jury and seeks unpaid minimum wage and overtime compensation, return of the usurped tips, liquidated damages, attorney’s fees, costs and expenses and such other lawful and equitable relief. He is represented by Beatriz Sosa-Morris and John Neuman of Sosa-Morris Neuman Attorneys at Law in Houston.

Houston Division of the Southern District of Texas case number 4:17-cv-02668

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