Judge grants Conditional Certification of Collective Action in the United States District Court Eastern District of New York

Carcamo v. Tacos El Poblanito Inc. d/b/a Tacos El Poblanito and Daniel Barrios Castillo, individually, Docket No.: 1:25-cv-05339

Plaintiff, Carcamo on behalf of himself, individually, and on behalf of all others similarly-situated, filed a collective action lawsuit in the United States District Court District Eastern District of New York against Tacos El Poblanito Inc. d/b/a Tacos El Poblanito, and Daniel Barrios Castillo, alleging violations of the Fair Labor Standards Act (“FLSA”), the New York Labor Law (“NYLL”), and the New York Codes Rules and Regulations (“NYCRR”), including the failure of Defendants to compensate Plaintiff for overtime wages.  The claims of the case are as follows:

• Plaintiffs worked for Defendants – – a New York corporation that operates a Mexican food truck business based out of Brooklyn, New York, and its owners and day-to-day overseer – – as a food truck worker primarily in Brooklyn, New York, from May 22, 2022, until June 24, 2024.
• Specifically, Defendants required Plaintiffs to work, and Plaintiffs did work, a regular schedule in excess of forty hours each workweek, or virtually each week, plus, several times each spring and summer, additional hours outside of his regular schedule for private events. Yet in exchange, Defendants paid Plaintiff a flat daily rate that did not change regardless of how many hours he worked in a day or in a week.
• Additionally, Defendants did not pay Plaintiff at the rate of one and one-half times his regular rate, or one and one-half times the minimum wage rate, if greater, for the hours that he worked over forty in a week, in violation of the FLSA’s and the NYLL overtime provisions, or at least at the minimum wage rate per hour worked, in violation of the NYLL’s minimum wage provisions.
• Moreover, throughout his employment, for those days when Plaintiff’s shift exceeded ten hours from beginning to end, Defendants did not compensate Plaintiff with an additional one hour’s pay at the minimum wage rate, in violation of the spread-of-hours provisions of the NYLL and the NYCRR.
• Defendants paid and treated all their non-managerial food truck workers in the same manner.

Defendant violated Plaintiffs’ rights guaranteed to them by the overtime provisions of the FLSA, the NYLL and the NYCRR.  Additionally, Defendants violated the NYLL by failing to provide Plaintiffs with any wage notice upon hire or throughout the relevant period; and provide Plaintiffs with an accurate wage statement on each payday.

Certification of Collective Action

In this case, pursuant to the request of the Plaintiffs, the Judge reviewed claims that the Plaintiffs brought forward alleging that there are additional workers in the same “class” (performing the same or similar duties) whose rights have been violated.  On May 23, 2026, the Court ordered the approval of a collective action allowing the case to proceed as a collective action enabling any current and former employees who were not paid properly to join the lawsuit and seek redress for Defendants’ failure to compensate them in accordance with the law.

If you or a person you know worked for the Defendants named in the lawsuit during the time period of  September 2022 – present or has information that may be relevant to this case, contact Borrelli & Associates, P.L.L.C. as soon as possible through one of our websites, www.employmentlawyernewyork.com, www.516abogado.com or any of our phone numbers: (516) 248-5550, (516) ABOGADO, and (212) 679-5000.