New Collective Action filed in the Eastern District of New York
Ramirez v. El Potrero Sport Bar, Inc. Case No.: 18-cv-964
On February 13, 2018, Lead Plaintiff Ms. Ramirez, on behalf of herself and those similarly situated, filed a class and collective action lawsuit in United States District Court – Eastern District of New York against El Potrero Sports Bar, Inc. The complaint alleges as follows:
Ms. Ramirez began working for Defendant, a Queens County sports and dance bar, as a waitress from about April 19, 2017 until on or about December 7, 2017. Throughout the entirety of the employment, Defendant willfully violated Plaintiff’s rights guaranteed to her by the Fair Labor Standards Act (“FLSA”), the New York Labor Law (“NYLL”), and the New York Compensation Codes Rules and Regulations (“NYCCRR”). Specifically, Defendant frequently scheduled Plaintiff to work a forty-two hour workweek, offering to pay Plaintiff $5.00 per hour plus an $8.00 commission for all drink “tickets” that Plaintiff sold to Defendant’s customers. However, if Plaintiff was unsuccessful in her attempts to sell at least five “tickets” during any given shift, Defendant paid Plaintiff nothing whatsoever for that shift. As a result, the Defendant violated the FLSA, the NYLL, and the NYCCRR. Further disregarding the law, Defendant failed to present Plaintiff with accurate wage statements on each payday or with an accurate wage notice upon hire.
If any individual is or has previously been an employee for the Defendant named in the lawsuit during the time period of February 13, 2012 – present 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.