Fogo de Chao sued for alleged labor violations and discrimination


Attorney Michael D. Yim of Franklin, Gringer & Cohen P.C. | Franklin, Gringer & Cohen P.C.

A former employee has filed a class action lawsuit against a Brazilian steakhouse chain, alleging labor law violations and discriminatory practices.

Plaintiff Luiz Carlos D. Reis brought the complaint against Fogo de Chao (Holdings) Inc. and affiliated entities operating under the same brand. According to the lawsuit, Reis worked as a "Gaucho" at a New York location from June 2023 until his termination in January 2025. He alleges that the company violated the Fair Labor Standards Act (FLSA), New York Labor Law (NYLL), and related regulations by failing to pay appropriate wages and overtime. The complaint states that Fogo de Chao required employees to share tips with ineligible staff, including managers and owners, thereby reducing their earnings below minimum wage levels. Reis also alleges age discrimination under federal and state laws, claiming that he was treated less favorably than younger colleagues and was terminated due to his age and disability.

The lawsuit seeks collective action certification under the FLSA for non-exempt service employees employed by Fogo de Chao within the three years preceding the filing. It also seeks class action certification under Rule 23 for state law claims covering a six-year period. Reis contends that class and collective actions are necessary because employees may lack the resources or fear retaliation if they pursue claims individually.

In addition to wage-related claims, Reis accuses the company of discriminatory practices based on age and disability. He alleges that he received less favorable treatment than younger coworkers and was subjected to increased scrutiny after developing a medical condition. Despite submitting documentation supporting his need for workplace accommodations, Reis asserts that management disregarded his requests and terminated him after he raised concerns about the alleged discrimination.

Reis is seeking relief, including unpaid wages, liquidated damages for overtime violations, compensatory damages for emotional distress, punitive damages where applicable, and attorneys’ fees and costs.

The plaintiff is represented by attorney Michael D. Yim of Franklin, Gringer & Cohen P.C. The case was filed in the United States District Court for the Eastern District of New York under Case No. 2:25-cv-02574.

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