Hernadnez v. El Bandido Restaurant Inc., d/b/a El Bandido Mexican Restaurant & Lounge, and Estate of Santiago M. Tello, individually, and Angelica Tello, individually, Civil Case No.:22-cv-00927-KMK-JMC

New Action filed in the Southern District of New York

On February 2, 2022, Plaintiff Hernandez filed a lawsuit in the Southern District of New York against EL BANDIDO RESTAURANT INC., d/b/a EL BANDIDO MEXICAN RESTAURANT & LOUNGE (“El Bandido”), and ESTATE OF SANTIAGO M. TELLO, individually (“Santiago”), and ANGELICA TELLO, individually (“Angelica”, collectively, 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 – – a New York corporations that operates a Rockland County-based restaurant and its owners, one of whom is now deceased, each of whom, at the different times detailed below, were and/or responsible for making significant personnel-related decisions- – – from 1996 to December 13, 2022, working as a waiter from 2001 until the end of him employment. As described below, as is relevant herein, for at least the six-year period pre-dating the commencement of this action, plus any applicable tolling period pursuant to Governor Andrew M. Cuomo’s Executive Orders, until the end of Plaintiff’s employment (“the Relevant Period”), Defendants failed to pay Plaintiff the overtime wages required under the Fair Labor Standards Act (“FLSA”), the New York Labor Law (“NYLL”) or the minimum wages due under the NYLL. Specifically, throughout that time, Defendants routinely required Plaintiff to work, and Plaintiff did work, in excess of forty hours per week, but Defendants failed to pay Plaintiff at the statutorily-required overtime rate for those hours, and instead paid Plaintiff at his regular rate of pay, which fell below the NYLL’s minimum wage rate, for all hours worked. Defendants further violated the NYLL and the N.Y. Comp. Codes. R. & Regs. (“NYCRR”) by failing to: provide Plaintiff an additional hours pay, at the minimum wage rate, for all days during which his spread of hours worked exceeded ten; provide Plaintiff with any wage notice at the time of his hire, let alone an accurate one; and provide Plaintiff with any wage statement on each payday, let alone an accurate statement. Defendants paid and treated all of their non-managerial front of the house employees in this same manner.

Accordingly, Plaintiff brought this lawsuit against Defendants pursuant to the collective action provision of the FLSA, 29 U.S.C. § 216(b), on behalf of himself, individually, and on behalf of all other persons similarly-situated during the applicable FLSA limitations period, who suffered damages as a result of Defendant’s violations of the FLSA. Plaintiffs also brought his claims under the NYLL and the NYCRR on behalf of himself, individually, and on behalf of any FLSA Plaintiff, as that term is defined below, who opt-in to this action

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.