Angel and Teofilo v. Afghan Kebab House I Inc. and Mohammad K. Rouzyi, individually, Civil Case No.: 19-cv-11347

New Action filed in the Southern District of New York

Angel and Teofilo v. Afghan Kebab House I Inc. and Mohammad K. Rouzyi, individually,
Civil Case No.: 19-cv-11347

On December 11, 2019, Plaintiffs, Mr. Angel and Mr. Teofilo, filed a lawsuit in the United States Southern District of New York against AFGHAN KEBAB HOUSE I INC. and MOHAMMAD K. ROUZYI, individually, (where appropriate, as “Defendants”), alleging as follows:

Plaintiffs Angel and Teofilo both worked for Defendants – – a corporation that operates an Afghani restaurant in Manhattan and its Chief Executive Officer (“CEO”) who runs the business on a daily basis – – as cooks and delivery bikers, from June 14, 2017 until September 23, 2018, and June 14, 2017 to June 22, 2018, respectively.  As described below, throughout their employment, Defendants willfully failed to pay Plaintiffs the wages lawfully due to them under the Fair Labor Standards Act (“FLSA”) and the New York Labor Law (“NYLL”).  Specifically, during their respective tenures of employment, although their exact hours varied from week-to-week, Defendants routinely required Plaintiffs to work beyond forty hours in a workweek but paid them a flat weekly salary that covered only their first forty hours of work in a week, and thus failed to compensate them at any rate of pay, much less at the statutorily-required overtime rate for any hours that they worked per week in excess of forty.  Additionally, Defendants failed to pay Plaintiffs at least at the FLSA’s and the NYLL’s statutorily required minimum wage rate for all hours worked.  Furthermore, in violation of the NYLL, Defendants failed to pay Plaintiffs a spread of hours premium on those days when Plaintiffs’ shifts exceeded ten hours from beginning to end, and also failed to provide Plaintiffs with accurate wage statements on each payday or any wage notices at the time of their hire.

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.