Marcia v. Primavera Italian Specialties, Inc., and Primavera Meats, Inc., and Thomas Primavera, individually, and Christopher Primavera, individually, and Thomas Primavera JR., individually; Index No.:26-cv-4741

New Action filed in the United States District Court Eastern District of New York

Marcia v. Primavera Italian Specialties, Inc., and Primavera Meats, Inc., and Thomas Primavera, individually, and Christopher Primavera, individually, and Thomas Primavera JR., individually; Index No.:26-cv-4741

On August 4, 2026, Plaintiff  Marcia, by and through his attorneys, Borrelli & Associates, P.L.L.C., filed a complaint in the United States District Court, Eastern District, against, Primavera Italian specialties, inc. (“Specialties”), and Primavera Meats, Inc. (“Meats” and together with Specialties, where appropriate, as “Corporate Defendants”), Thomas Primavera, individually (“Thomas”), Christopher Primavera, individually (“Christopher”), and Thomas Primavera Jr., individually (“Thomas Jr.”), (“Thomas Christopher, and Thomas Jr., together with Corporate Defendants, as “Defendants”), alleging upon knowledge as to himself and his own actions, and upon information and belief as to all other matter, as follows:

Plaintiff worked for Defendants – – two New York corporations that operate as a single enterprise to run a Nassau County-based deli, the Corporate Defendants owner and day-to-day overseer, and two of the Corporate Defendants managers – – as a non-managerial cook, from in or around December 2011 until on or around May 31, 2026.  As described below, throughout Plaintiff’s employment, but as relevant herein, for the six-year period pre-dating the commencement of this action, through the end of Plaintiff’s employment (“the Relevant Period”), Defendants willfully failed to pay Plaintiff the overtime wages lawfully due to him under the Fair Labor Standards Act and the New York Labor Law (“NYLL”).  Specifically, throughout the Relevant Period, Defendants routinely required Plaintiff to work in excess of forty hours each week, or virtually each week, but failed to compensate Plaintiff at the statutorily-required overtime rate of one and one-half times his regular rate of pay for the hours that he worked per week in excess of forty.  Rather, Defendants paid Plaintiff a flat weekly salary that by operation of law compensated him for only his first forty hours of work each week, and therefore Defendants paid Plaintiff nothing for any of his hours worked in excess of forty each week.  Additionally, Defendants further violated the NYLL and/or the N.Y. Comp. Codes R. & Regs by failing to provide Plaintiff with any wage statement on each payday, let alone an accurate one.  Defendants paid and treated all their non-managerial employees 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.