On May 19, 2026, Plaintiff Rodriguez, by and through his attorneys, Borrelli & Associates, P.L.L.C., filed a complaint in the United States District Court, Southern District, against, Real Photo By Freddy’s Colors Inc. d/b/a Real Photos NYC, and Freddy Alcantara, individually, and Johanathan Julian, individually (“Defendant”), 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 – – a New York corporation that operates as a Manhattan-based school photography and photo studio business and the corporation’s owner and day-to-day overseer – – as a non-managerial photographer. Plaintiff worked for Defendants beginning in or around October 2021 until in or around mid-September 2025, but was furloughed each year from mid-July through August as a result of Defendants’ work primarily involving school photography. Throughout, Plaintiff’s employment, as described below, 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, Defendants routinely required Plaintiff to work, and Plaintiff did in fact work, in excess of forty hours each week, or virtually each week, throughout his employment. Yet, in exchange for his work from the beginning of his employment through September 2022, Defendants paid Plaintiff a flat weekly salary that failed to compensate him at least at the applicable minimum wage rate for each hour worked, and failed to compensate him at the statutorily-required overtime rate of one and one-half times his regular rate of pay, or the minimum wage, if greater, for the hours that he worked each week in excess of forty each week. From October 2022 through the end of his employment, Defendants paid Plaintiff at a flat hourly rate for each of his hours worked, and thus, failed to compensate him at the statutorily-required overtime rate of one and one-half times his regular rate of pay for the hours that he worked each week in excess of forty each week. wage Additionally, Defendants further violated the NYLL and/or the N.Y. Comp. Codes R. & Regs. by failing to provide Plaintiff with: a spread of hours premium of one hour’s pay at the minimum wage rate for those days when Plaintiff’s shift exceeded ten hours from beginning to end from the beginning of Plaintiff’s employment through June 2022; any wage statement on each payday, let alone an accurate one; or any wage notice at hire, 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.
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