On September 23, 2025, Plaintiff Carcamo, by and through his attorneys, Borrelli & Associates, P.L.L.C., filed a complaint in the United States District Court, Eastern District, against, Tacos El Poblanito Inc. d/b/a Tacos El Poblanito (“TEP”), and Daniel Barrios Castillo, individually, (together, where appropriate, as “Defendants”), alleged upon knowledge as to himself and his own actions, and upon information and belief as to all other matter, as follows:
Plaintiff worked for Defendants – – a New York corporation that operates Mexican food trucks based out of Brooklyn, New York, and its owner and day-to-day overseer – – as a food truck worker primarily in Brooklyn, New York, from May 22, 2022, until June 24, 2024. As described below, throughout his employment, Defendants required Plaintiff to work, and Plaintiff did work, a regular schedule in excess of forty hours each workweek, or virtually each week, plus, several times each spring and summer, additional hours outside of his regular schedule for private events. Yet in exchange, Defendants paid Plaintiff a flat daily rate that did not change regardless of how many hours he worked in a day or in a week. For all weeks, the amount that Defendants paid Plaintiff fell below the minimum wage that New York law requires per hour of work. Thus, Defendants did not pay Plaintiff at the rate of one and one-half times his regular rate of pay, or one and one-half times the minimum wage rate, if greater, for the hours that he worked over forty in a week, in violation of the Fair Labor Standards Act and the New York Labor Law (“NYLL”) overtime provisions, or at least the minimum wage rate per hour worked, in violation of the NYLL’s minimum wage provisions. Moreover, throughout his employment, for those days when Plaintiff’s shift exceeded ten hours from beginning to end, Defendants did not compensate Plaintiff with an additional one hour’s pay at the minimum wage rate, in violation of the spread-of-hours provisions of the NYLL and the N.Y. Comp. Codes R & Regs. Finally, Defendants violated the NYLL by failing to furnish Plaintiff with any wage statement on each payday or with any wage notice at the time of his hire, let alone an accurate statement or notice. Defendants paid and treated all their non-managerial food truck workers in the same manner.
If any individual is or has previously been an employee of the Defendants named in the lawsuit and/or has information that may be relevant to this case, please contact Borrelli & Associates, P.L.L.C. as soon as possible through one of our websites, www.employmentlawyernewyork.com or www.516abogado.com, or any of our phone numbers: (516) 248–5550, (516) ABOGADO, or (212) 679–5000.
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