Gravini v. Banana King Group LLC d/b/a IT’S WAAO, and Eliecer Montonya, individually; Index No.:25-18477

New Action filed in the United States District Court of New Jersey

On December 10, 2025, Plaintiff Gravini, by and through her attorneys, Borrelli & Associates, P.L.L.C., as and for her Complaint against Banana King Group LLC d/b/a IT’S WAAO, and Eliecer Montoya, individually, (together, where appropriate, as “Defendants”), alleges upon knowledge as to herself and her own actions, and upon information and belief as to all other matter, as follows:

Plaintiff worked for Defendants – – a New Jersey limited liability company that operates at least seven fast-food restaurants in New Jersey, as well as its owner and day-to-day overseer – – primarily at Defendants’ location in Elmwood Park, New Jersey, with occasional shifts at Defendants’ restaurants in both Paterson and Clifton, New Jersey, first as a cashier from October 1, 2023, to December 4, 2024, then as a “manager,” a managerial position in name only, from December 5, 2024, to August 1, 2025, and then again as a cashier from August 2, 2025, to November 16, 2025.  As described below, from the beginning of her employment until August 10, 2025 (the Relevant Period”), regardless of title or location, Defendants required Plaintiff to work, and Plaintiff did work, in excess of forty hours each workweek, or virtually each week.  Specifically, Defendants paid Plaintiff on an hourly basis at her regular rate for each hour that she worked, and thus Defendant did not pay Plaintiff at her overtime rate of one and one-half times her regular rate for the hours that she worked over forty in a week, in violation of the FLSA’s and the NJWHL’s overtime provisions.  Defendants also violated the NJWPL by withholding a portion of Plaintiff’s wages on several occasions to compensate them for missing money in the cash register.  Defendants paid and treated all of their hourly employees at all of their locations in the same manner.

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.