Vilchez v. Violette’s cellar, LLC, Et Al. Civil Case No.: 18-cv-06832

New York Employment Law Class and Collective Action filed in the Eastern District of New York

Vilchez v. Violette’s cellar, LLC, and Roberto Hernandez, individually Civil Case No.: 18-cv-06832

On November 30, 2018, Plaintiff Mr. Vilchez, on behalf of himself, individually, and on behalf of all others similarly-situated, filed a collective action lawsuit in the United States District Court Eastern District of New York against VIOLETTE’S CELLAR, LLC (“Violette’s Cellar”), and ROBERTO HERNANDEZ (“Hernandez”), individually, (together, where appropriate, as “Defendants”), alleges upon knowledge as to himself and his own actions and upon information and belief as to all other matters as follows:

Mr. Vilchez worked for Defendants – – a Staten Island restaurant and its day-to-day manager and overseer – – as a dishwasher from on or about August 11, 2017 until on or about December 14, 2017. Plaintiff’s primary duties consisted of washing dishes, mopping the floor, cleaning the back of the house, and cutting vegetables as needed. Defendant Hernandez was and is the day-to-day manager and overseer of Defendant Violette’s Cellar, who in that role was and is responsible for paying Violette’s Cellar’s employees as well as for personnel matters such as hiring and firing employees. Indeed, Mr. Hernandez was responsible for paying Plaintiff on a weekly basis and ultimately terminated Plaintiff’s employment. Throughout his employment, Defendants required Plaintiff to work, and Plaintiff did work, six days per week. Specifically, on Monday, Wednesday, Thursday, and Sunday, Plaintiff worked from 2:00 p.m. to 2:00 a.m., and on Friday and Saturday, Plaintiff worked from 2:00 p.m. to 3:00 a.m. Throughout the entirety of his employment, Defendants paid Plaintiff a flat weekly salary of $180.00, which operated to compensate Plaintiff for his first forty hours of work per week only, and which amounts to an hourly rate of $4.50. Thus, throughout the entirety of his employment, Defendants failed to pay Plaintiff at least at the statutory minimum wage for all hours worked, or at any rate of pay, let alone at the applicable rate of one and one-half times the minimum wage rate, for any hours that Plaintiff worked over forty in a week.

Defendants willfully failed to pay Plaintiff all of the wages lawfully due to him under the Fair Labor Standards Act (“FLSA”) and the New York Labor Law (“NYLL”). Specifically, Defendants required Plaintiff to routinely work, and Plaintiff did in fact work, in excess of forty hours each week, or virtually each week, but Defendants failed to compensate Plaintiff at the statutorily-required overtime rate for any hours that he worked in a week in excess of forty. Instead, Defendants paid Plaintiff a flat weekly wage that operated to cover only the first forty hours that he worked per week, and thus Defendants failed to compensate Plaintiff at any rate of pay, let alone at the statutorily-required overtime rate of one and one-half times his straight-time rate of pay, or one and one-half times the minimum wage rate, if greater, for any hours that Plaintiff worked in excess of forty each week, in violation of the FLSA, the NYLL, and the N.Y. Comp. Codes R. & Regs. (“NYCRR”). Moreover, Defendants willfully failed to compensate Plaintiff at least at the statutorily-required minimum wage rate for all hours that he worked, also in violation of the FLSA, the NYLL, and the NYCRR.

Defendants paid and treated FLSA Plaintiffs in this same manner. Accordingly, Plaintiff brings this lawsuit against Defendants pursuant to the collective action provisions of the FLSA, on behalf of himself and on behalf of all others similarly-situated who suffered damages because of Defendants’ willful violations of the law.

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.