Raykell Foods Bronx Bodegas Employment Violations New York Collective Action

This collective action brings suit against Raykell Food Corp., related companies, and two individuals for violations of the federal Fair Labor Standards Act (FLSA) and the New York Labor Law (NYLL). The complaint’s allegations are familiar from many other similar cases: unpaid minimum wages, unpaid overtime wages, unpaid spread-of-hours premiums.

The collective class for this action is all current employees of the defendants in this case, who are situated similarly to the plaintiff, who have been working for the stores sometime between January 15, 2015 and the date of judgment in this case, and who choose to opt in.

The defendants in this case include four bodegas in the Bronx, in New York City, owned and operated by the individual defendants:

  • Raykell Food Corp., which does business as Raykell Deli & Grocery
  • Lay Deli Grocery, Inc.
  • Jony Food Corp., which does business as Maeba Grocery
  • Mercedes Food Market, Inc.

The individual defendants are owners and operators of the stores who have the power to hire, fire, supervise, and control the terms and conditions of employment of the stores’ workers; who managed the day-to-day operations of the store; and who had the power and authority to stop the illegal practices at issue in this case.

The plaintiff in this case, Wagner Alexander Medina, worked at each of them, in varying positions, between around February 1, 2018 and December 16, 2020. He worked long hours, with shifts running from 3:00 pm to midnight, for example, or 6:00 am to 3:00 pm. He worked either six or seven days per week, that is, between 56 hours and 126 hours per week.

During all this time, he was paid a flat salary of $720, in cash, no matter how many hours he’d worked in the week. He did not use any timeclock or other accurate way of recording the hours he worked.

The complaint contends that because of the large number of hours Medina worked each week, the $720 did not meet the minimum wage requirements under FLSA and NYLL.

Although his days were long, the complaint says he did not receive a spread-of-hours premium for days in which he worked more than ten hours.

Also, the complaint alleges, he did not receive any notices of pay rate or pay day, as NYLL requires.

Finally, the complaint claims he did not receive the proper wage statements that NYLL requires.

According to the complaint, the businesses were “knowingly and willingly” operated with policies that violated the provisions of federal and New York laws.

Article Type: Lawsuit
Topic: Employment

Most Recent Case Event

Raykell Foods Bronx Bodegas Employment Violations New York Complaint

January 15, 2021

This collective action brings suit against Raykell Food Corp., related companies, and two individuals for violations of the federal Fair Labor Standards Act (FLSA) and the New York Labor Law (NYLL). The complaint’s allegations are familiar from many other similar cases: unpaid minimum wages, unpaid overtime wages, unpaid spread-of-hours premiums.

Raykell Foods Bronx Bodegas Employment Violations New York Complaint

Case Event History

Raykell Foods Bronx Bodegas Employment Violations New York Complaint

January 15, 2021

This collective action brings suit against Raykell Food Corp., related companies, and two individuals for violations of the federal Fair Labor Standards Act (FLSA) and the New York Labor Law (NYLL). The complaint’s allegations are familiar from many other similar cases: unpaid minimum wages, unpaid overtime wages, unpaid spread-of-hours premiums.

Raykell Foods Bronx Bodegas Employment Violations New York Complaint
Tags: Employment Violations, Minimum Wage Violations, Overtime Not Paid at Overtime Rates, Unpaid Overtime