Melgarejo v. New York Fish & Vegetable, Inc., d/b/a “NY Fish and Vegetables,” and Lee’s Fish & Fruit, Inc., and David Lee, individually, Civil Case No.: 19-cv-02439-AT

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

Melgarejo v. New York Fish & Vegetable, Inc., d/b/a “NY Fish and Vegetables,” and Lee’s Fish & Fruit, Inc., and David Lee, individually,
Civil Case No.: 19-cv-02439-AT

On March 19, 2019, Plaintiff Mr. Melgarejo, on behalf of himself, individually, and on behalf of all others similarly-situated, filed a collective action lawsuit in the United States District Court Southern District of New York against NEW YORK FISH & VEGETABLE, INC., d/b/a “NY FISH AND VEGETABLES” and LEE’S FISH & FRUIT, INC., and DAVID LEE, individually, (all three, together where appropriate, as “Defendants”), alleging upon knowledge as to himself and his own actions and upon information and belief as follows:

Mr. Melgarejo worked for Defendants – – two corporate entities that consecutively operated a single deli and grocery store located in the Bronx, New York, as well as the entities’ owner who was Plaintiff’s direct supervisor – – as a stocker from in or about May 2012 until on or about January 4, 2019. As described below, throughout his employment, but as is relevant herein, for the six-year period pre-dating this action’s commencement (“the Relevant Period”), Plaintiff’s duties as a grocery stocker included, but were not limited to, stocking fruits and vegetables, attending to customers, and cleaning the store as needed. Throughout the Relevant Period, Defendants required Plaintiff to work, and Plaintiff did work, six days per week, from 9:00 a.m. until 7:00 p.m. without a scheduled or uninterrupted break each day, for a total of sixty hours worked each workweek.

Defendants willfully failed to pay Plaintiff the wages lawfully due to him under the Fair Labor Standards Act (“FLSA”) and the New York Labor Law (“NYLL”). Specifically, during the Relevant Period, Defendants required Plaintiff to work, and Plaintiff did in fact work, in excess of forty hours for each week or virtually each week, yet Defendants failed to compensate Plaintiff at any rate of pay, much less at the rate of one and one-half times his regular rate of pay for all hours that he worked in excess of forty each week, and instead paid him on a flat weekly basis for all hours worked that operated by law to cover only the first forty hours that he worked in a week. Furthermore, Defendants failed to provide Plaintiff with any wage statements on each payday or with any wage notice at the time of Plaintiff’s hire, let alone accurate ones, both as the NYLL requires.

Defendants paid and treated all their stockers in the 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 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.