Saltos v. Edita’s Bar & Restaurant, Inc. d/b/a Flamingo Bar & Grill, and Doll’s Rest Inc., and Edita D’Angelo, individually, Civil Case No.:21-cv-00509
On January 29, 2021, Plaintiff Saltos filed a lawsuit in the United States District Court Eastern District of New York against EDITA’S BAR & RESTAURANT, INC d/b/a FLAMINGO BAR & GRILL (“Edita”), and DOLL’S REST INC. (“DOLL”), and EDITA D’ANGELO, individually (“D’Angelo”, together where appropriate as “Defendants”), alleging upon knowledge as to himself and his own actions and upon information and belief as to all other matters, as follows:
Plaintiff worked for Defendants – – two corporations that operate as a single enterprise to run two Queens-based restaurants and their owner and day-to-day overseer – – as a waiter, interchangeably at both locations, from in or around December 2017 to December 9, 2019. As described below, throughout his employment, Defendants willfully failed to pay Plaintiff overtime wages lawfully due to him under the Fair Labor Standards Act (“FLSA”) and the New York Labor Law (“NYLL”), or the minimum wages required under the NYLL. Specifically, throughout his employment, Defendants required Plaintiff to work, and Plaintiff did in fact work, in excess of forty hours virtually each week, yet Defendants failed to compensate Plaintiff at least at the rate of one and one-half times the minimum wage rate of his regular rate, whichever was greater, for any hours that he worked in excess of forty in a week. Instead, Defendants compensated Plaintiff on an hourly basis at his straight-time rate for all hours worked, which was below the minimum wage that New York required. Furthermore, in violation of the NYLL, Defendants routinely failed to provide Plaintiff with all of his earned wages in a timely manner, if at all, and further failed to provide Plaintiff with accurate wage statements on each payday or with any wage notice upon hire.
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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