A Bronx, New York market and its owner are being sued by a former, long-time employee for failing to follow virtually any labor laws. He says he was paid less than $7 per hour despite working over 50 hours per week.
Hermelindo Perez worked as a cook, food preparer, and general helper for Tierney Fine Foods and Mary Tierney from 2006 until 2017, according to the complaint. He received a weekly salary in cash beginning at $400 and rising to $590. He claims he worked six days a week in nine and a half to fourteen hour shifts, totaling 59 hours per week.
Perez claims that Tierney “failed to make, keep and preserve records with respect to [him] sufficient to determine the wages, hours and other conditions and practices of employment in violation” of federal labor law. Tierney also failed to properly inform him as to his rights under the law, according to the complaint.
Perez also claims that Tierney violated the New York State Wage Theft Prevention Act, which “requires every employer to notify its employees in writing, with every payment of wages, of the dates of work covered, the rate of pay and basis thereof, hours worked, gross wages, deductions, allowances, and net wages,” the complaint states. He claims he never received such information.
Finally, Perez claims that Tierney “knowingly and willfully operated their business with a policy of not paying [him] wages for all hours worked, minimum wages at times, and overtime compensation, in violation of” federal and New York law,” the complaint states.
Perez is represented by Cilenti Cooper of New York who brought the suit in the Southern District of New York.
Tierney Fine Foods did not return a message requesting comment.