New Collective Action in the Eastern District Of New York
Ramon Tavarez, et al. v. Massapequa Diner, Inc., et al., Case No. 2:14-cv-03737
On June 13, 2014, Lead Plaintiff Ramon Tavarez on behalf of himself and those similarly situated filed a class and collective action in United States District Court – Eastern District of New York vs. Massapequa Diner, Inc., and Valentino Zarboutis. Mr. Tavarez worked for Defendants as a kitchen helper, busboy and dishwasher performing manual labor, cleaning, kitchen and busboy duties. Mr. Tavarez alleges that he worked about sixty hours per week, and Defendants: paid him half in check, half in cash; did not pay him at any rate of pay for hours he worked over forty hours per week; did not pay him the statutorily required overtime rate of pay for hours he worked over forty hours per week; and did not provide him with accurate wage statements in violation of New York Labor Law, New York Compensation Codes Rules and Regulations and the Federal Fair Labor Standards Act. Additionally, Defendants unlawfully terminated Mr. Tavarez on the basis of his age in violation of the New York State Human Rights Law when they informed him at the time of his termination that he was “too old” and “must be tired” due to his age, terminated him and replaced him with a much younger worker. If any person worked for the restaurant or individual named as a Defendant in the lawsuit during the time period of June 13, 2008 – June 13, 2014 or has information that may be relevant to this case, call: (516) 248 – 5550, (516) ABOGADO, or (212) 679 – 5000.
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