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Grocery Store Employees Flat Rates of Pay NYLL, FLSA Class Action

This class action sues a list of grocery stores and two individuals in Queens and Nassau counties in New York for violating the Fair Labor Standards Act (FLSA) and New York Labor Law (NYLL). The complaint alleges that the defendants paid flat rates to the butchers and grocers who worked for them and did not pay proper overtime or spread of hours premiums and did not issue proper wage notices or wage statements.

This complaint was filed after a period of tolling of time limits for legal actions. The original Executive Order was issued on March 20, 2020, for thirty days, to stem the spread of Covid-19, but it was repeatedly extended, for a total period of 228 days.

The defendants include a number of grocery store companies. Some of the defendants occupy the same addresses, so that only four grocery store locations are involved. The individuals are owners and operators of the stores that the complaint alleges “operated together as a single business enterprise and/or joint employers throughout the relevant time period, frequently transferred employees among all four (4) locations, and employed extremely similar wage and hour practices at all locations.”

The plaintiffs in this case, Santos Amador, Darwin Ortiz, and Mario Avila, worked at the various stores on a flat-rate basis. According to the complaint, while Ortiz worked a series of two-day weeks for a time, the three men normally worked five- or six-day weeks, from 45 to 72 hours per week. Initially, two of them did not record their time, until a system was installed at the registers that enabled them to punch in and out there; the third began by recording his hours on paper.

Their breaks, the complaint claims, ranged from fifteen minutes to an hour, with some being interrupted so they could to attend to customers or deliveries.

The complaint claims they were paid flat rates for the week’s work, in cash, and did not receive any adjustments for overtime pay, spread of hours (when they worked more than ten hours in a single day), or missed or interrupted meal breaks. They were not given wage notices or itemized wage statements, the complaint says.

Two classes have been defined for this action:

  • The FLSA Collective Class is all persons employed by the defendants at any time between August 17, 2018 and the entry of judgment in this case who worked as non-management employees at any of the four grocery store locations.
  • The NYLL Class is all persons employed by the defendants at any time between January 1, 2015 and the entry of judgment in this case who worked as non-management employees at any of the four grocery store locations.
Article Type: Lawsuit
Topic: Employment

Most Recent Case Event

Grocery Store Employees Flat Rates of Pay NYLL, FLSA Class Action

August 17, 2021

This class action sues a list of grocery stores and two individuals in Queens and Nassau counties in New York for violating the Fair Labor Standards Act (FLSA) and New York Labor Law (NYLL). The complaint alleges that the defendants paid flat rates to the butchers and grocers who worked for them and did not pay proper overtime or spread of hours premiums and did not issue proper wage notices or wage statements.

Grocery Store Employees Flat Rates of Pay NYLL, FLSA Class Action

Case Event History

Grocery Store Employees Flat Rates of Pay NYLL, FLSA Class Action

August 17, 2021

This class action sues a list of grocery stores and two individuals in Queens and Nassau counties in New York for violating the Fair Labor Standards Act (FLSA) and New York Labor Law (NYLL). The complaint alleges that the defendants paid flat rates to the butchers and grocers who worked for them and did not pay proper overtime or spread of hours premiums and did not issue proper wage notices or wage statements.

Grocery Store Employees Flat Rates of Pay NYLL, FLSA Class Action
Tags: Employment Violations, FLSA, Failure to Provide Accurate and/or Itemized Wage Statements, Minimum Wage Violations, Unpaid Overtime