A Few of Our Wage Cases...


Becerra v. IM LLC-I et al 2:2014-cv-02671 is a collective action where the employer is alleged to have taken advantage of waiters and busboys across 5 states by taking portions of their tips while paying them less than minimum wage, charging them for broken plates and glasses and failing to pay time and a half for overtime hours worked as well as spread of hours premium, violations of the Fair Labor Standards Act and the NY Labor Laws. 


Cu et al v. Gabrielle Portia, Inc. et al 2:2014-cv-03669 is a collective action where a group of employees allege that their employer paid them by the day. This meant that several employees did not get paid time and a half for overtime hours worked.  Additional allegations include requirements to purchase uniforms, equipment and make other business related purchases without reimbursement, the employer claiming a percentage of every tip earned by each staff member and the employer forcing employees to work unpaid days.  The alleged acts violate multiple sections of both the Fair Labor Standards Act and the New York Labor Law.


Mendez et al v. U.S. Nonwovens Corp. et al 2:2012-cv-05583 is a class action lawsuit where an employer allegedly refused to pay employees for all hours worked.  The workers charge that the chosen victims were those whom the employer thought would not complain.  The employees assert that when they came into work early, as required, they were not paid for the work they performed.  They also charge that when they worked past their shifts as requested, they were not paid.  In addition, employees allege that they were not paid for all of the overtime hours they worked.  They state that when they complained that their checks were short, the employer blamed them for not clocking in correctly.  Of those who complained persistently about their missing pay, the employer would allegedly pay some weeks later and others not at all. 


Lopez-Serrano v. Rockmore 2:2014-cv-06056 is a case where an employer allegedly fired her live-in housekeeper, placing all of her belongings in garbage bags on the employer's curb.  When the housekeeper called her employer for final weeks wages weeks later, the employer threatened to call the police.  In addition to refusing to pay the employee for her last week of work, the employer allegedly failed to pay the over time wages for the year the housekeeper worked maintaining the approximate 4,000 square foot home, which included caring for 3 children, 4 dogs and doing laundry for a family of 5. 


Silva v. New Food Corp. et al 2:2014-cv-04457  and  De Los Santos et al v. New Food Corp. et al   2:14-cv-04541 are two class action suits where the employer is charged with manipulating the reporting of the actual hours of its employees, depriving them of the pay they earned.  In addition to allegedly exploiting numerous other federal, state and city laws, this employer is accused of committing a multitude of violations of the Fair Labor Standards Act and New York Labor Law include failing to pay for hours worked, failing to pay time and a half for all overtime hours worked  rates,  failing to provide employees with wage notices and wage statements and failing to pay employees for their spread of hours..  


John Does v. Local Supermarket Chain is a collective action where an employer took advantage of a number of its employees by not paying overtime wages.  In order to avoid paying time and a half for the overtime hours they worked, the employer claimed that these employees were "managers" and therefore exempt.  Yet these "managers" had no managerial tasks or authority.  Instead, they were often asked to perform unpaid work.  When one client challenged the employer, he was fired.