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Rodriguez v. 149 Street Food Corp. d/b/a Fine Fare Supermarket, and 675 Morris Ave Food Corp. d/b/a Fine Fare Supermarket, and Franklin Pimentel, individually, and Daisy Pimentel, individually, and Rigo Delgado, individually Civil Case No.: 1:18-cv-07933

fruits vegetables marketNew Class and Collective Action filed in the Southern District of New York

Rodriguez v. 149 Street Food Corp. d/b/a Fine Fare Supermarket, and 675 Morris Ave Food Corp. d/b/a Fine Fare Supermarket, and Franklin Pimentel, individually, and Daisy Pimentel, individually, and Rigo Delgado, individually Civil Case No.: 1:18-cv-07933

On August 30, 2018, lead Plaintiff Mr. Rodriguez, on behalf of himself, individually, and on behalf of all others similarly-situated, filed a class and collective action lawsuit in the United States District Court Southern District of New York against 149 STREET FOOD CORP., which does business as FINE FARE SUPERMARKET, and 675 MORRIS AVE FOOD CORP., which also does business as FINE FARE SUPERMARKET and FRANKLIN PIMENTEL, individually, DAISY PIMENTEL, individually, and RIGO DELGADO, individually, (collectively, where appropriate, as “Defendants”). The allegations are as follows:

Mr. Rodriguez worked for Defendants - - two corporations that operate as a single enterprise to run two Bronx supermarkets that do business under the same name, and share ownership and day-to-day managers - - from around July 15, 2016 until May 15, 2018, as a deli worker and cook. Plaintiff’s primary duties included cutting deli meats and cheeses, making sandwiches and other food items, and cleaning his work area as needed. Plaintiff was subsequently given additional duties working in the kitchen as a cook, which he performed along with his duties as a deli worker. Throughout his employment, Defendants required Plaintiff to work six days per week, typically from 12:00 p.m. to 9:00 p.m. Monday through Thursday and Saturday, and on Sunday from 12:00 p.m. to 8:00 p.m. Franklin and Daisy Pimentel, who are husband and wife, co-own and co-manage 675 Morris Avenue Food Corp. The Pimentels also co-own and, together with Rigo Delgado manage 149 Street Food Corp. Together, these three individuals were and are jointly responsible for all matters with respect to hiring, firing, and disciplining the supermarkets’ employees, as well as determining those employees’ work locations and distributing work duties.

Throughout Plaintiff’s employment, Defendants willfully failed to pay Plaintiff the wages lawfully due to him under the Fair Labor Standards Act and the New York Labor Law (“NYLL”). Even though Defendants required Plaintiff to work, and Plaintiff did in fact work beyond forty hours in a workweek but failed to compensate Plaintiff at the statutorily-required overtime rate of time and one-half his straight-time rate of pay for any hours that he worked per week in excess of forty, and instead paid Plaintiff at his regular rate of pay for all hours worked. Additionally, in violation of NYLL, Defendants failed to pay Plaintiff a spread of hours premium when his shift exceeded ten hours from beginning to end; provide Plaintiff with accurate wage statements on each payday; or provide Plaintiff with any wage notice at hire, let alone an accurate one. Further violating NYLL, from December 31, 2017 through the end of his employment, Defendants unlawfully deducted $25.00 from each week’s wages paid to Plaintiff, without express written authorization and without Plaintiff’s voluntary consent.

Defendants paid and treated all non-managerial workers in this same manner. Accordingly, Plaintiff brings this lawsuit against Defendants pursuant to the collective action provisions of the FLSA, on behalf of himself and on behalf of all others similarly-situated who suffered damages because of Defendants’ willful violations of the law.

If any individual is or has previously been an employee of the Defendants named in the lawsuit during the time period of July 15, 2016 – present, 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, or by phone (516) 248–5550, (516) ABOGADO, or (212) 679–5000.

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