Morales Medina v. JMT Restaurant Corp., d/b/a Louie’s Pizzeria, and John M. Tuccillo, individually Civil Case No.: 20-cv-05753

New Action filed in the Eastern District of New York

Morales Medina v. JMT Restaurant Corp., d/b/a Louie’s Pizzeria, and John M. Tuccillo, individually Civil Case No.: 20-cv-05753 

On November 25, 2020, Plaintiff Morales Medina, on behalf of himself, individually, and on behalf of all others similarly-situated, filed a lawsuit in the United States District Court Eastern District of New York against JMT RESTAURANT CORP., d/b/a LOUIE’S PIZZERIA. (“Louie’s Pizzeria”), and John M. Tuccillo, individually. (“Tucillo”), (together, where appropriate, as “Defendants”) alleging as follows:

Plaintiff worked for Defendants – – a corporation that operates a Nassau County – based Italian restaurant/ pizzeria and its owner and day-to-day overseer – – as kitchen staff employee from September 27, 2017, through August 13, 2020.  As described below, throughout Plaintiff’s employment, Defendants willfully failed to pay Plaintiff the overtime wages lawfully due to him under the Fair Labor Standards Act (“FLSA”) and the New York Labor Law (“NYLL”).  Specifically, throughout Plaintiff’s employment, Defendants routinely required Plaintiff to work beyond forty hours in a workweek, but failed to compensate Plaintiff at the statutorily-required overtime rate of one and one-half times his regular rate of pay for all hours that he worked per week in excess of forty.  Instead, Defendants paid Plaintiff a flat weekly salary that by operation of law compensates him for only his first forty hours of work each week, and therefore Defendants paid Plaintiff nothing for his hours worked in excess of forty each week.

Defendants further violated the NYLL and the NYCRR by failing to: provide Plaintiff with spread-of hours pay whenever his workday exceeded ten hours from start to finish; any wage statements on each payday, let alone accurate ones; and any wage notice at his time of hire, let alone an accurate one.

Defendants paid and treated all managerial kitchen staff employees in the same matter.  Accordingly, Plaintiff brought this lawsuit against Defendant 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 Defendant’s willful violations of the law.  Plaintiff also brought this lawsuit under the NYLL and the NYCRR on behalf of himself, and on behalf of any FLSA Plaintiff, who opts-in to this action..

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.