New Action filed in the Southern District of New York
Sanchez v. Walker Deli Corp. d/b/a Tribeca Park Café and Sayed Abdalla, individually Civil Case No.: 1:18-cv-09321
On October 11, 2018, Plaintiff Ms. Sanchez, filed a Complaint in the United States District Court Southern District of New York against WALKER DELI CORP. d/b/a TRIBECA PARK CAFÉ (“Walker”), and SAYED ABDALLA (“Abdalla”), individually, (collectively as “Defendants”), alleges upon knowledge as to herself and her own actions as follows:
Ms. Sanchez worked for Defendants – – a corporation that operates a Manhattan deli, and its owner and daily overseer – – from around July 9, 2015 until January 18, 2018. Plaintiff’s primary duties as a cashier, as its name suggests, consisted of accepting payment from Defendant’s customers and counting the register at the conclusion of each shift. Defendants paid Plaintiff on a weekly basis in cash only.
Throughout Plaintiff’s employment, Defendants willfully failed to pay Plaintiff the wages lawfully due to her under the Fair Labor Standards Act and the New York Labor Law (“NYLL”). Specifically, for the entirety of her employment, Defendants routinely required Plaintiff to work beyond forty hours in a workweek, but failed to compensate Plaintiff at the statutorily-required overtime rate for any hours that she worked in a week in excess of forty, and instead paid her at her straight-time rate for all hours worked. Additionally, Defendants violated the NYLL by failing to: compensate Plaintiff at least at the statutorily-required minimum wage rate for all hours worked from December 31, 2016 until the end of Plaintiff’s employment; distribute all gratuities that customers intended to pay to Plaintiff for her service; provide Plaintiff with a spread of hours premium on those days when Plaintiff’s shift exceeded ten hours from beginning to end; provide Plaintiff with any wage statements on each payday; and provide Plaintiff with any wage notice at the time of hire.
If any individual is or has previously been an employee of the Defendants named in the lawsuit during the time period of July 9, 2015 – present, 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.