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Argudo, v. Rugo LLC., et al., Case No: 1:21-cv5511-GHW

Firm Secures a Trial Win with a Verdict in the amount of $151,658.18 – Wage and Hour Violation

Firm represented a non-managerial cook against his former employers Rugo, LLC d/b/a Portofino Restaurant and Mario Rugova, individually, for unpaid overtime wages in violation of the Fair Labor Standards Act and the New York Labor Law. Generally, the Plaintiff alleged that the Defendants required Plaintiff to work, and Plaintiff did work, in excess of forty hours in workweek, but paid him a flat weekly salary that operates by law to cover only his forty hours of work in a week, and thus failed to pay Plaintiff at any rate, let alone at the rate of one and one-half times his regular rate, for any hours that Plaintiff worked in a week over forty. In addition, Defendants paid Plaintiff below the minimum wage rate the Fair Labor Standards Act and the New York Labor Law require for all hours worked. Furthermore, Defendants further violated the NYLL and the N.Y. Comp. Codes R & Regs (“NYCRR”) by failing to pay Plaintiff an additional hour’s pay, at the minimum wage rate, for all days during which his spread of hours worked exceeded ten; provide Plaintiff with any wage notice upon his hire, let alone an accurate one; and provide Plaintiff with any wage statement on each payday, let alone an accurate statement. After the Defendants stubbornly refused to make a reasonable settlement offer, the firm proceeded to trial, and the jury verdict rendered in favor of Argudo in the amount of $151,658.18.  Michael J. Borrelli, Alexander T. Coleman, and Andrew C. Weiss handled the matter on behalf of the firm with Andrew C. Weiss serving as trial counsel.


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