Villalobos et. al v. M & MZ, Inc. d/b/a Villa Maria, and Maria Zaino, individually, and Josephina Silvia, individually, Index No.:23-cv-03386

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

Villalobos et. al v. M & MZ, Inc. d/b/a Villa Maria, and Maria Zaino, individually, and Josephina Silvia, individually, Index No.:23-cv-03386

On May 4^th, 2023, Plaintiff Villalobos, on behalf of himself, individually, and on behalf of all others similarly-situated, by and through his attorneys, BORRELLI & ASSOCIATES, P.L.L.C., as and for his Complaint against M & MZ, INC. d/b/a VILLA MARIA, and Maria Zaino, individually, and JOSEPHINA SILVIA, individually, (all three, 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 an Italian restaurant located in East Rockaway, New York, and its two owners and day-to-day overseers – – as a cook from approximately August 2013 until approximately November 2016, and again from approximately August 2019 until on or about November 28, 2022.  Throughout Plaintiff’s employment, but as is relevant herein, for the six-year period pre-dating the commencement of this action plus any applicable tolling period through the end of his employment (“the Relevant Timer Period”), 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, in excess of forty hours each week, or virtually each week, but Defendants failed to compensate Plaintiff at the statutorily-required overtime rate of either one and one-half times his regular rate of pay for all hours that he worked per week in excess of forty. Rather, Defendants paid Plaintiff a flat weekly salary that by operation of law compensated him for only his first forty hours of work each week, and therefore Defendants paid Plaintiff nothing for any of his hours worked in excess of forty in a week. Additionally, during most weeks from at least December 31, 2020, until the end of him employment in November 2022, the flat weekly salary that Defendants paid Plaintiff, when divided by the number of hours that Plaintiff actually worked in a week, equated to an effective hourly rate that was below the applicable NYLL minimum hourly rate. Moreover, during at least the Relevant Time Period, for those days when Plaintiff’s shift 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/or the N.Y. Comp. Codes R. & Regs (“NYCRR”). Furthermore, Defendants failed to provide Plaintiff with any wage statement on each payday, let alone an accurate one; and failed to provide Plaintiff with any wage notice at the time of his re-hire in August 2019, or at any time thereafter.

Mr. Villalobos 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.