Molina Reyes, et. al v. Gemstone Supermarkets, Inc. d/b/a Holiday Farms, and David Mandell, individually, Index No.:2:23-cv-05513

New Action filed in the United States District Court Eastern District of New York

On July 20, 2023, Plaintiff Reyes, on behalf of himself, individually, and on behalf  of all others similarly-situated, (collectively as “FLSA Plaintiffs” and/or “Rule 23 Plaintiffs,” as these terms are defined below),by and through his attorneys, BORRELLI & ASSOCIATES, P.L.L.C., as and for his Complaint against GEMSTONE SUPERMARKETS, INC d/b/a HOLIDAY FARMS (“Gemstone”), and DAVID MANDELL, 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:

Plaintiff worked for Defendants – – a New York corporation that operates at least eight supermarkets in New York and its owners and day-to-day overseer – – as a cook at Defendants’ location in Woodbury, New York, from August 13, 2022, to December 23, 2022. As described below, throughout Plaintiff’s employment, Defendants willfully failed to pay Plaintiff the overtime wages lawfully due to him under the Fair Labor Standards Act (“FLSA”) and the New York Labor Law (“NYLL”).  Specifically, throughout his employment, Defendants routinely required Plaintiff to work, and Plaintiff did work, beyond forty hours in a workweek, but Defendants did not pay Plaintiff at the statutorily-required overtime rate of one and one-half times his regular rate of pay for all hours that he worked in excess of forty in a week, and instead paid Plaintiff on an hourly basis at his regular rate for all hours worked.  Defendants further violated the NYLL by failing to furnish Plaintiff with any wage notice at the time of his hire, let alone an accurate statement or notice.  Defendants paid and treated all of their non-managerial hourly employees, such as cooks, cashiers, stockers, meat clerks, produce clerks, and counter clerks in this same manner, across all of their locations.

Mr. Reyes has commenced this action not only for himself but also for all his other current and/or former coworkers who were also paid improperly by the Defendants.  Therefore, 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.