Food Palace Overtime and Spread of Hours FLSA and NYLL Class Action

Food Palace is a restaurant and gourmet food store in New York City located on Broadway at West 192nd Street. The complaint for this class action brings suit against the business (under its official name, M&V International Food, Inc.) and the two individuals who own and operate it, alleging that the company has violated the federal Fair Labor Standards Act (FLSA) and the New York Labor Law (NYLL).

The Collective Class for this action is all persons who are or have been employed by the defendants in this cases as cleaners, stockers, or similarly-titled positions with substantially similar job requirements and pay provisions, who were performing the same type of functions for the defendants and were not in executive or management positions, who were also subject to the defendants’ practices, policies, programs, procedures, protocols, and plans, including the practice of refusing to pay the required overtime wages.

Food Palace carries an international assortment of foods, including caviar, dairy products, sliced cheese, smoked fish, cold cuts, jam, canned food, nuts, fruits, vegetables, juices, chocolate, coffee and coffee beans, tea, bread, cakes, and other items. Some of the items, such as the caviar, Matryoshka nesting dolls, and painted wooden spoons, establish a Russian theme.

Plaintiff Sebastian Abreu Lopez worked at Food Palace, primarily as a stocker, although he performed other miscellaneous tasks. His term of employment at Food Palace lasted from around January 2014 to around October 2019. For this he was paid around $500 per week from January 2014 to December 2015, and around $700 from January 2016 to around October 2019.

Lopez worked approximately seventy-nine hours per week, that is, eleven or more hours per day for at least six days per week. However, according to the complaint, Lopez was not paid overtime rates for the hours he worked over forty per week. Both the FLSA and NYLL require that hours over forty per week be paid at time-and-a-half the person’s regular wage. 

In addition, NYLL has a spread-of-hours provision that requires that employees be given an extra hour’s pay for workdays that last more than ten hours. The complaint says he was not given this extra pay on the appropriate days either. 

Also, the complaint claims that Food Palace did not post notices of the minimum wage and overtime wage laws, as required by both FLSA and NYLL. Finally, it alleges that the company did not keep proper payroll records, as required by both laws.

Article Type: Lawsuit
Topic: Employment

Most Recent Case Event

Food Palace Overtime and Spread of Hours FLSA and NYLL Complaint

February 4, 2020

Food Palace is a restaurant and gourmet food store in New York City located on Broadway at West 192nd Street. The complaint for this class action brings suit against the business (under its official name, M&V International Food, Inc.) and the two individuals who own and operate it, alleging that the company has violated the federal Fair Labor Standards Act (FLSA) and the New York Labor Law (NYLL).

food_palace_labor_law_complaint.pdf

Case Event History

Food Palace Overtime and Spread of Hours FLSA and NYLL Complaint

February 4, 2020

Food Palace is a restaurant and gourmet food store in New York City located on Broadway at West 192nd Street. The complaint for this class action brings suit against the business (under its official name, M&V International Food, Inc.) and the two individuals who own and operate it, alleging that the company has violated the federal Fair Labor Standards Act (FLSA) and the New York Labor Law (NYLL).

food_palace_labor_law_complaint.pdf
Tags: Employment Violations, Overtime Not Paid at Overtime Rates, Unpaid Overtime