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Urias v. Between The Bun Enterprises Inc. and Mala Ramsahai, individually Civil Case No.: 18-cv-04352

restaurantNew Collective Action filed in the Eastern District of New York
Urias v. Between The Bun Enterprises Inc. and Mala Ramsahai, individually Civil Case No.: 18-cv-04352

On August 1, 2018, Plaintiff Urias, on behalf of himself, individually, and, on behalf of all others similarly-situated, filed a collective action lawsuit against BETWEEN THE BUN ENTERPRISES INC. (“Between The Bun”) and MALA RAMSAHAI (“Ramsahai”), individually, (collectively as “Defendants”). The claim alleges as follows:

Mr. Urias worked for Defendants - - a Queens restaurant and its owner - - as a pizza-cook from in or about August 2014 until on or about November 21, 2017. Throughout his employment, Plaintiff’s primary duties, as his title suggests, consisted of preparing and cooking pizza for Defendants’ customers. During his employment, Defendants required Plaintiff to work six to seven days per week, Monday through Thursday from 10:00 a.m. to 9:00 p.m., and Friday to either Saturday or Sunday from 10:00 a.m. to 10:00 p.m., without permitting him to take an uninterrupted meal break on any day. Thus, Plaintiff worked approximately sixty-eight to eighty hours each workweek. Defendants did not pay Plaintiff at the rate of one-half times his regular rate of pay for any hours that he worked in excess of forty per week, and instead paid him at his straight-time rate for all of those hours worked. Further, Defendants failed to compensate Plaintiff with an extra hour of pay at the minimum wage rate for each workday in which Plaintiff’s spread of hours exceeded ten hours, which was virtually every day that Plaintiff worked for Defendants. Defendants failed to pay Plaintiff the wages lawfully due to him under the Fair Labor Standards Act FLSA and the New York Labor Law (“NYLL”). At all relevant times, Defendant Ramsahai was and is the owner of Between the Bun who also supervised all of its employees on a day-to-day basis. Indeed, Defendant Ramsahai had the power to hire and fire Between The Bun’s employees, supervise and control employee work schedules and conditions of employment, determine the rate and method of wage payments to all employees, and was responsible for maintaining employment records. In further violation of the NYLL, when Defendants paid Plaintiff, they failed to provide him with a wage statement that accurately listed his actual hours worked for that week, or an accurate listing of his hours worked to be paid at his overtime or straight-time rate of pay.

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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