Peña v. Burnside Food Corp. d/b/a C-TOWN SUPERMARKETS (“C-Town”) and George Guzman, individually Case No.: 18-cv-01687

New Collective Action filed in the Southern District of New York
Peña v. Burnside Food Corp. d/b/a C-TOWN SUPERMARKETS (“C-Town”) and George Guzman, individually  Case No.: 18-cv-01687

On February 23, 2018, Lead Plaintiff Mr. Peña, on behalf of himself and those similarly situated, filed a class and collective action lawsuit in United States District Court – Southern District of New York against Burnside Food Corp. d/b/a C-TOWN SUPERMARKETS (“C-Town”), and George Guzman, individually. The complaint alleges as follows:

Mr. Peña began working for Defendants, a supermarket in the Bronx and its manager, around June 2015 as a meat department “manager.” Throughout his employment, Plaintiff was required to, and did routinely, work, seven days a week, totaling approximately eighty-seven hours per week. Yet, Defendants failed to properly compensate Plaintiff at the statutorily-required overtime rate of pay for any hour that he worked per week over forty hours as the New York Labor Law (“NYLL”), New York Compensation Codes Rules and Regulations (“NYCCRR”), and the Fair Labor Standards Act (“FLSA”) require. Instead, Defendants deliberately chose to pay Plaintiff a flat weekly salary of $1,200 which was intended to and did cover only the first forty hours worked per week. Although Defendants paid Plaintiff on a weekly basis, on each occasion, they failed to furnish Plaintiff with a wage statement that accurately listed his actual hours worked for that week, let alone the hours worked to be paid at his overtime or straight-time rate of pay. Finally, Defendants did not provide Plaintiff with a wage notice at the time of his hire that accurately contained Plaintiff’s regular and overtime rates of pay as designated by the employer, further violating the NYLL.

If any individual is or has previously been an employee for the Defendants named in the lawsuit during the time period of February 23, 2012 – present 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) 248-550, (516) ABOGADO, or (212) 679-5000.