Alvarez v. Magan Food Enterprises, Inc. d/b/a Hubba’s, and Carlos Magan, individually Case No.: 7:18-cv-04841

New Action filed in the Southern District of New York
Alvarez v. Magan Food Enterprises, Inc. d/b/a Hubba’s, and Carlos Magan, individually Case No.: 7:18-cv-04841

On May 31, 2018, Plaintiff, Mr. Alvarez, filed a civil action lawsuit against Magan Food Enterprises, Inc. d/b/a/ Hubba’s, and Carlos Magan for overtime violations of the Fair Labor Standards Act (“FLSA”), the New York Labor Law (“NYLL”), and the New York Comp. Codes Rules and Regulations (“NYCCRR”). The complaint alleges as follows:

Mr. Alvarez worked for Defendants – a Westchester restaurant and its owner – as a non-managerial employee from July 2007 to November 29, 2017. Plaintiff’s primary duties consisted of cooking all foods offered on the menu, maintaining the cleanliness of the kitchen, serving food to those seated at the counter, and taking payments from the restaurant’s patrons. From February 9, 2012 and continuing until April 9, 2016, Defendants required Mr. Alvarez to work fifty-eight hours per week without permitting him to take scheduled or uninterrupted breaks during his shifts. Notwithstanding, Defendants paid Plaintiff a flat weekly salary of $600.00, which was intended to cover only the first forty hours that he worked per week, and which amounts to a rate of $15.00 per hour. By failing to compensate Plaintiff at any rate of pay for any hours that he worked each week over forty, and thus not at the statutorily-required overtime rate for those hours, Defendants violated Plaintiff Alvarez’s rights guaranteed to him by the overtime provisions of the FLSA, the NYLL, and the NYCCRR. Additionally, Defendants failed to provide Plaintiff with accurate wage statements on each payday, in further violation of the NYLL.

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, New York Employment Lawyer or www.516abogado.com, or any by phone: (516) 248–5550, (516) ABOGADO, or (212) 679–5000.