NYC Deli Faces Class Action Suit for Overtime and Notice Violations

A New York City delicatessen is being sued by a long-time employee for its failure to pay overtime and keep and provide proper wage records and notices. He seeks class action status of the suit to cover his co- workers.

Manuel Rajos was hired by PJ Bernstein Deli in 2000, according to the complaint. Rajos worked as a counterman, making sandwiches, sending out deliveries, working the grill, and serving customers. The only time he was not working for the deli was for a few months in 2017 when it was closed for renovations.

Rajos says he worked six days a week, from 9:00 a.m. to 9:00 p.m., with a one hour break during the day. A New York City delicatessen is being sued by a long-time employee for its failure to pay overtime and keep and provide proper wage records and notices. He seeks class action status of the suit to cover his co- workers.

Rajos claims he was paid in cash throughout his employment and received no paystubs or wage statements. 

Rajos sues the deli for failing to pay him overtime for all hours a week worked beyond forty. He also claims that the deli didn’t pay an hour’s pay at minimum wage for each day he worked more than ten hours, as required by New York law.

Rajos also sues the deli for not providing him with information about his wages in writing or providing him with weekly records of compensation and hours work, which is also required by New York law.

The suit seeks class action status to cover all those who worked for the deli at any time since March 2015 who were also not paid overtime or received proper notifications.

Rajos is represented by Michael Samuel of New York city who brought the action in the Southern District of New York.

Image Source: Northwest Retail (Flickr)