Gutierrez et al. v. Matos and Son’s Food Market, Inc, et al. Docket No: 610536/2023

February 2026

Firm Secures in the amount of $300,000.00 – Wage & Hour Violations – Firm represented a female employee against Matos and Son’s Food Market, Inc., d/b/a Talk of the Town Deli, and BSA Bel Inc., d/b/a Talk of the Track Deli, and David Matos, individually, for unpaid overtime wages in violation of the Fair Labor Standards Act and the New York Labor Law (“NYLL”).  Generally, Defendants required Plaintiff to work and Plaintiff did work, in excess of forty hours each week, or virtually each week, but Defendants paid Plaintiff on an hourly basis at her regular rate of pay for all hours that she worked in a week, including those hours that she worked in a week excess of forty, and thus did not pay Plaintiff at the statutorily-required overtime rate of one and one-half times her regular rate for her hours worked over forty in a week.   Additionally, Defendants further violated the NYLL and/or the N.Y. Comp. Codes R. & Regs during the Relevant Time Period by failing to pay Plaintiff spread-of-hours compensation of one hour’s pay at the minimum wage rate for all her days when her workday exceeded ten hours from beginning to end; provide Plaintiff with any wage statement on each payday, let alone an accurate statement; and provide Plaintiff with any wage notice at her time of hire, let alone an accurate notice.  After filing a complaint in the Supreme Court of Nassau County on behalf of the Plaintiff and on behalf of those similarly situated, the parties engaged in discovery and eventually agreed to mediation wherein the Firm negotiated a settlement of $300,000.00 which the Court then approved.  Andrew C. Weiss handled the matter on behalf of the firm.

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