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Stop One Deli No Overtime Pay for 80-Hour Weeks Class Action

This class action outlines an all-too-familiar story: a deli business that employs workers for extended hours, the complaint alleges, but does not keep proper records of them and pay proper minimum wage, overtime, or spread of hours for all hours worked. It brings suit against the Uncle Hegna Grocery Corp., which does business as Stop One Deli, in Jamaica, Queens, New York, and three individuals who own or operate the deli.

The FLSA Class is persons who were or are employed by the defendants in this case on or after March 2, 2018.

Plaintiff Otilio Andres Cabreja worked at the deli as a sandwich maker, stock and sales associate, cashier, and janitor, from sometime in 1998 until on or around February 16, 2021. He worked there for more than forty hours per week, according to the complaint. The complaint estimates his hours between February 2015 and his final day of work, he typically worked between 72 to 81.5 hours per week.

He was paid in cash, a fixed salary, originally of $500 per week that rose to $650 when he worked six days per week and to $720 when he worked seven days per week.

The deli did not keep proper records of Andres’s hours and did not pay him “appropriately for any hours worked, either at the straight rate of pay or for any additional overtime premium.” Nor, says, the complaint, did it pay him the “spread of hours” pay he should have received for any day in which he had to work for more than ten hours.

The complaint alleges that this was not only the case with Andres but with all the other deli workers employed there as well. These practices violate both the federal Fair Labor Standards Act (FLSA), New York Labor Law (NYLL), and the “spread of hours” and overtime wage orders of the New York Commissioner of Labor.

The complaint alleges that the three individuals named as defendants along with the deli were “associated and joint employers, [who] act in the interest of each other with respect to employees, pay employees by the same method, and share control over the employees.” They control the employees’ working conditions and the policies and practices for payment.

In addition to requiring Andres to work long hours, his employers also did not give him any breaks or meal periods. There were no posted notices or other information about overtime or wages under the FLSA or NYLL, and he was never given an accurate statement of wages. Nor was he given any information, in either English or Spanish, about his regular pay, the employer’s regular payday, or other information required by NYLL.

The complaint alleges, “Upon information and belief, these practices by Defendants were done willfully to disguise the actual number of hours Plaintiff Andres (and similarly situated individuals) worked, and to avoid paying Plaintiff Andres properly for his full hours worked.

Article Type: Lawsuit
Topic: Employment

Most Recent Case Event

Stop One Deli No Overtime Pay for 80-Hour Weeks Complaint

March 2, 2021

This class action outlines an all-too-familiar story: a deli business that employs workers for extended hours, the complaint alleges, but does not keep proper records of them and pay proper minimum wage, overtime, or spread of hours for all hours worked. It brings suit against the Uncle Hegna Grocery Corp., which does business as Stop One Deli, in Jamaica, Queens, New York, and three individuals who own or operate the deli.

Stop One Deli No Overtime Pay for 80-Hour Weeks Complaint

Case Event History

Stop One Deli No Overtime Pay for 80-Hour Weeks Complaint

March 2, 2021

This class action outlines an all-too-familiar story: a deli business that employs workers for extended hours, the complaint alleges, but does not keep proper records of them and pay proper minimum wage, overtime, or spread of hours for all hours worked. It brings suit against the Uncle Hegna Grocery Corp., which does business as Stop One Deli, in Jamaica, Queens, New York, and three individuals who own or operate the deli.

Stop One Deli No Overtime Pay for 80-Hour Weeks Complaint
Tags: Employment Violations, Failure to Allow for/Figure in Break Time, Failure to Provide Proper Timesheets, Minimum Wage Violations, Overtime Not Paid at Overtime Rates, Spread of Hours