New Collective Action filed in the Southern District of New York
Eder David Benitez v. Demco of Riverdale, LLC, et al., Case No. 14-cv-7074
On September 5, 2014, Lead Plaintiff Eder David Benitez on behalf of himself and those similarly situated filed a class and collective action lawsuit in United States District Court – Southern District of New York vs. Demco of Riverdale, LLC d/b/a Planet Wings, Demco of Ossining, LLC d/b/a Planet Wings, Demco of Wappingers Falls, LLC d/b/a Planet Wings, Planet Wings Enterprises, Inc., Planet Wings Inc., Planet Wings Management, Inc., and individuals Demetrio Petrizzo, Franco Fidanza and Paula Fidanza. Mr. Benitez worked for Defendants as a cook whose primary duties centered upon the preparation of food and beverages. Mr. Benitez alleges that he worked six days a week in shifts ranging from ten to thirteen hours per day, but Defendants failed to pay Mr. Benitez at any rate of pay, let alone the statutorily-required overtime or minimum wage rates of pay, for each hour that he worked per week in excess of forty hours as required by the New York Labor Law, New York Compensation Codes Rules and Regulations and the Federal Fair Labor Standards Act. Defendants also failed to furnish Mr. Benitez with accurate wage statements on each payday. If any person worked for the companies or individuals named as a Defendant in the lawsuit during the time period of September 5, 2008 – September 5, 2014 or has information that may be relevant to this case, contact Borrelli & Associates, P.L.L.C. as soon as possible via this website or by calling any one of our phone numbers: (516) 248–5550, (516) ABOGADO, and (212) 679–5000.