Dionny Espinal, v. Victor’s Café 52nd Street, Inc., et al. Case No. 16-cv-08057

New Collective Action filed in the Southern District of New York
Dionny Espinal, v. Victor’s Café 52nd Street, Inc., et al. Case No. 16-cv-08057

On October 14, 2016 Dionny Espinal on behalf of himself, individually, and on behalf of all others similarly-situated, filed a class and collective action lawsuit in United States District Court – Southern District of New York vs. Victor’s Café 52nd Street, Inc. From May 2014 to February 2016 Mr. Espinal was employed by the defendant as a bus-boy. His duties included rolling napkins and silverware at the start of his shift, serving coffee and desserts to defendant’s patrons, and cleaning the Café’s tables. The complaint alleges that the defendant violated the New York Labor Law, New York Compensation Codes Rules and Regulations, and the Federal Fair Labor Standards Act in multiple instances. As detailed in the complaint, the plaintiff was paid at an hourly wage of $6.50/hour, which is below the then minimum wage of $8.00/hour. Second, although he worked irregular hours, sometimes working as few as 18 hours per week, sometimes as many as 70, Mr. Espinal was never compensated at all, let alone at the mandated overtime rate required state and federal law, for any hours worked over 40 per week. Finally, the defendant required Mr. Espinal to do an hour of work before clocking in each day, work for which he was not paid.

If any person worked for the defendants named in the lawsuit during the time period of October 14, 2010 – present or has information that may be relevant to this case, contact Borrelli & Associates, P.L.L.C. as soon as possible through our website or by phone: (516) 248- 5550, (516) ABOGADO, and (212) 679-5000.