Trejo and Gomez v. Fratelli’s Italian Eatery, Inc. d/b/a Fratelli’s of Stony Brook, and Claude Cardin, individually, and Edward Grimm, individually, Index No.:602060/2021

New Action filed in the Supreme Court of the State of New York County of Suffolk

Trejo and Gomez v. Fratelli’s Italian Eatery, Inc. d/b/a Fratelli’s of Stony Brook, and Claude Cardin, individually, and Edward Grimm, individually, Index No.:602060/2021

 On February 4, 2021, Plaintiffs Trejo and Gomez filed a lawsuit in the Supreme Court of the State of New York County of Suffolk against FRATELLI’S ITALIAN EATERY, INC. d/b/a FRATELLI’S OF STONY BROOK (“Fratelli’s”), and CLAUDE CARDIN, individually, and EDWARD GRIMM, individually, (all, together where appropriate, as “Defendants”), alleging upon knowledge as to themselves and their own actions and upon information and belief as to all other matters, as follows:

Plaintiffs worked for Defendants – – a New York corporation that operates a Suffolk County-based Italian restaurant/pizzeria, as well as its two owners and day-to-day overseers – – as back of the house, kitchen staff employees, from in or around November 2014 through June 26, 2020, and from in or around February 2018 through September 2018, respectively.  Throughout both Plaintiff’s employment, all of which falls within the New York Labor Law’s (“NYLL”) statutory limitations period due to Governor Andrew M. Cuomo’s executive tolling orders, Defendants failed to pay Plaintiffs the overtime wages lawfully due to them under the NYLL and the N.Y. Comp. Codes R. & Regs. (“NYCRR”).  Specifically, during their respective tenures of employment, although their exact hours varied from week-to-week, Defendants routinely required Plaintiffs to work, and Plaintiffs did work, in excess of forty hours virtually every week, but Defendants paid Plaintiffs at their regular rates of pay for all hours worked, including those hours that they worked in excess of forty, and thus did not pay Plaintiffs at the overtime rate of one and one-half times their respective regular rates of pay for any hours that they worked over forty in a week.

Defendants further violated the NYLL and the NYCRR by failing to provide Plaintiffs with: spread-of-hours pay whenever their workday exceeded ten hours from start to finish; any wage statements on each payday, let alone statements that accurately listed, inter alia, their actual hours worked, their overtime rate and overtime wages owed, and their spread-of-hours wages owed for that week, except for a portion of Trejo’s employment, during which Defendants provided him with inaccurate wage statements; and any wage notice at their respective times of hire, let alone an accurate one.

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.