Gomez v. 1701 Pizza LTD d/b/a Luigi’s Pizza, and Salvatore Romano, individually, and Luigi Romano, individually, Index No.:150885/2021

New Action filed in the Supreme Court of the State of New York County of New York

Gomez v. 1701 Pizza LTD d/b/a Luigi’s Pizza, and Salvatore Romano, individually, and Luigi Romano, individually, Index No.:150885/2021

 On January 26, 2021, Plaintiff Gomez filed a lawsuit in the Supreme Court of the State of New York County of New York against 1701 PIZZA LTD, d/b/a LUIGI’s PIZZA, (“Luigi’s Pizza”), SALVATORE ROMANO, individually (“Salvatore”), and LUIGI ROMANO, individually (“Luigi”, all three, 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 – – a New York corporation that operates a Manhattan pizzeria/ restaurant and its two owners and day-to-day overseers – – as a counter person from July 5, 2016 until on or about September 15, 2017.  As described below, throughout Plaintiff’s employment, Defendants failed to pay Plaintiff the overtime wages lawfully due to him under the New York Labor Law (“NYLL”) and the N.Y. Comp. Codes R. & Regs. (“NYCRR”).  Specifically, Defendants required Plaintiff to work, and Plaintiff did in fact work, in excess of forty hours virtually each week, but Defendants paid Plaintiff at his regular hourly rate for all hours worked, including those in excess of forty in a week, and did not pay Plaintiff at the overtime rate of one and one-half times his regular hourly rate for any hours worked in excess of forty in a week in violation of the NYLL and the NYCRR.  Additionally, for those days when Plaintiff’s shifts exceeded ten hours from beginning to end, which was almost every workday, Defendants did not compensate Plaintiff with an additional one hour’s pay at the minimum wage rate, in violation of the spread of hours provisions of the NYLL and the NYCRR.  Furthermore, Defendants failed to provide Plaintiff with any wage statements on each payday or with any wage notice upon hire, let alone accurate ones, both as the NYLL requires.

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.