Luis A. Rosario v. Baldwin Tavern Inc. d/b/a/ Kitty O’Hara, et al. Docket No: 17-cv-5879-SJF-ARL

New Collective Action filed in the Eastern District of New York
Luis A. Rosario v. Baldwin Tavern Inc. d/b/a/ Kitty O’Hara, et al. Docket No: 17-cv-5879-SJF-ARL

On October 6, 2017, Lead Plaintiff Luis A. Rosario, on behalf of himself and those similarly situated, filed a collective action lawsuit in United States District Court – Eastern District of New York against Baldwin Tavern Inc. d/b/a/ Kitty O’Hara, et al. The Complaint alleges as follows:

Plaintiff worked for Defendants from in or around July 2014 through August 9, 2017. Throughout the entirety of his employment, the Defendants willfully failed to pay Plaintiff the wages lawfully due to him under the FLSA and the NYLL. Defendants routinely required Plaintiff to work beyond forty hours in a work-week, but failed to compensate Plaintiff at the statutorily-required overtime rate for any hours that he worked per week in excess of forty, and instead paid him at his straight-time rate for all hours worked. Defendants also failed to pay Plaintiff spread-of-hours compensation of one hour’s pay at the minimum wage rate on those days when his spread of hours exceeded ten during a given day, as the NYLL and NYCCRR require. Additionally, Defendants failed to provide Plaintiff with proper wage statements on each payday, or with an accurate wage notice at the time of hire, as the NYLL requires. Lastly, Defendants terminated Plaintiff’s employment after he made a good faith complaint about Defendants’ failure to pay him overtime in violation of the FLSA and NYLL.

If any person worked for the defendants named in the lawsuit during the time period of Thursday, October 6, 2011 – present or has information that may be relevant to this case, 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, and (212) 679-5000.