Lopez v. Chris Super Deli, Inc., and Felipe Pena, individually, Index No.:35794/2020E
On December 29, 2020, Plaintiff Lopez filed a lawsuit in the Supreme Court of the State of New York County of Bronx against CHRIS SUPER DELI, INC., (“DELI”), and FELIPE PENA, individually, (together, where appropriate, as “Defendants”), alleging upon knowledge as to himself and his own actions and upon information and belief as to all other matters, as follows:
Plaintiff worked for Defendants – – a New York corporation that operates a Bronx-based delicatessen and its owner and day-to-day overseer – – from in or around September 2000 until August 27, 2019 as a deli worker and stocker. Throughout Plaintiff’s employment, but as is relevant herein, for the six-year period predating the commencement of this action plus the applicable tolling period until the end of his employment (“the Relevant Period”), Defendants failed to pay Plaintiff the minimum and overtime wages lawfully due to him under the New York Labor Law (“NYLL”) and the N.Y. Comp. Codes R. & Regs. (“NYCRR”). Specifically, throughout the Relevant Period, Defendants required Plaintiff to work more than forty hours in a week and paid Plaintiff a flat weekly rate, which operated by law to cover only his first forty hours per week, and which fell below the minimum wage for those first forty hours of work in a week. Defendants paid Plaintiff nothing, and thus not at the rate of one and one half-times the minimum wage, for the hours the Plaintiff worked over forty in a week. Additionally, in further violation of the NYLL, Defendants failed to provide Plaintiff with any wage statements on each payday, let alone accurate ones.
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.
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