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Carillo v. Elonis Restaurant, Inc. d/b/a Landmark Diner, and John Tiglias, individually, and Thomas Tiglias, individually Case No.: 18-cv-03227

LandmarkNew Collective Action filed in the Eastern District of New York
Carillo v. Elonis Restaurant, Inc. d/b/a Landmark Diner, and John Tiglias, individually, and Thomas Tiglias, individually
Case No.: 18-cv-03227

On June 1, 2018, Lead Plaintiff, Mr. Carillo, on behalf of himself, individually, and on behalf of all others similarly-situated, filed a collective action lawsuit against Elonis Restaurant, Inc. d/b/a Landmark Diner, John Tiglias, and Thomas Tiglias. The complaint alleges as follows:

Mr. Carillo has worked and continues to work for Defendants – a restaurant in Roslyn, New York, its Secretary-Treasurer, Thomas Tiglias, and its Vice President, John Tiglias – as a kitchen staff employee from in or around 2009 through the present. As a kitchen staff employee, Plaintiff’s primary duties consisted of cooking and preparing food, and maintaining cleanliness of the kitchen. From December 28, 2012 until November 17, 2016, Defendants required Plaintiff Carillo to work six days per week, Tuesday through Sunday, from 7:00 a.m. until 4:00 p.m., without permitting him to take scheduled or uninterrupted breaks during his shifts. From January 2014 until November 2016, Defendants paid Plaintiff between $8.00 per hour and $9.00 per hour for all hours worked up to forty per week. Throughout this time period, Defendants either paid Mr. Carillo only for his hours worked up to forty, and therefore nothing for hours in excess of forty, or paid him time and one-half his regular rate for some of his hours worked over forty in a week and nothing for others in that same week. Although Defendants routinely required Plaintiff Carillo to work fifty-five hours per week during this time period, they failed to compensate him at the statutorily-required overtime rate for all hours that he worked per week in excess of forty. Thus, Defendants violated Plaintiff’s rights guaranteed to him by the overtime provisions of the Fair Labor Standards Act, the New York Comp. Codes, Rules, and Regulations, and the New York Labor Law (“NYLL”). In further violation of the NYLL, Defendants also failed to provide Plaintiff with proper wage statements on each payday.

If any individual is or has previously been an employee for 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.

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