Taveras v. H & W Deli Grocery, Inc., and Pedro Santana, individually, Civil Case No.: 19-cv-05750-GHW

New Action filed in the Southern District of New York

Taveras v. H & W Deli Grocery, Inc., and Pedro Santana, individually,
Civil Case No.: 19-cv-05750-GHW

On June 19, 2019, Plaintiff Taveras filed a lawsuit in the United States District Court Southern District of New York against H & W DELI GROCERY, INC. (“H & W Deli”) and PEDRO SANTANA (“Santana”), individually, (together as “Defendants”), alleging upon knowledge as to himself and his own actions and upon information and belief as to all other matters as follows:

Plaintiff worked for Defendants – – a Manhattan grocery store and delicatessen and its owner and day-to-day overseer – – as a stockperson and store clerk from at least 2013 to December 5, 2018.  As described below, as is relevant herein, for at least the six-year period pre-dating this action’s commencement through his last day of work, (“the Relevant Period”), Defendants willfully failed to pay Plaintiff the wages lawfully due to him under the Fair Labor Standards Act and the New York Labor Law.  Throughout at least the Relevant Period, Defendants required Plaintiff to work seven days per week, from approximately 2:00 p.m. until approximately 1:00 a.m. the next morning, without a scheduled or uninterrupted break, totaling approximately seventy-seven hours per week.  Defendants required Plaintiff to work more than forty hours per 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 any hours that he worked in excess of forty in a week.  Instead, Defendants paid Plaintiff a flat weekly salary that was intended to and operated by law to cover only the first forty hours that he worked in a week. 

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.