Complaint Against I & a Restaurant Corp., Franklin R Vargis. Document Filed by Fausto Roman De Jesus Sanchez..(Nardo, Raymond)
1This action seeks to recover unpaid overtime and other monies pursuant to the Fair Labor Standards Act, 29 U.S.C. § 201, et seq.
et seq.
2Defendants deprived Plaintiff of the protections of the FLSA and NYLL by failing to pay minimum wage and premium overtime pay for all hours worked in excess of 40 hours per week.
JURISDICTION
3This Court has subject matter jurisdiction pursuant to 28 U.S.C. § 1331, and jurisdiction Fausto Roman de Jesus Sanchez,
Plaintiff,
--against I & A Restaurant Corp., Franklin R. Vargas, an individual,
Defendants.
4U.S.C. § 216(b).
5This Court is empowered to issue a declaratory judgment pursuant to 28 U.S.C. §§ 2201 and 2202.
VENUE
6Venue is proper in the SOUTHERN District of New York pursuant to 28 U.S.C. §1391 because the corporate defendant is located there and the cause of action arose there.
THE PARTIES
Plaintiff
7Defendants employed Plaintiff as a dishwasher and other duties to perform the following duties from on or about November 2022 through November 17, 2025: washing dishes, cleaning tables, moving inventory, deliveries, and other duties, as assigned.
8Plaintiff was not exempt from the FLSA.
9Defendants employed Plaintiff 5 days per week, from for approximately 48 hours per week for $700 until November 2024 when he worked 40 hours per week for $648 per week, until October 2025 when he worked 24 hours for $396 hours each week, depending on her work schedule.
10Defendants paid Plaintiff as follows: cash.
11Defendants did not pay Plaintiff minimum wage or premium overtime pay for hours worked in excess of 40 hours per week.
12Plaintiff was not permitted an uninterrupted half hour for required meal breaks.
13.
NYLL.
Defendants
14Defendant I & A Restaurant Corp., is a New York corporation with its principal executive office located at 5589 Broadway, Bronx, NY 10463.
15Defendants operate a Dominican restaurant located in Bronx County, New York.
16Defendant I & A Restaurant Corp. is in the Hospitality business.
17Defendant I & A Restaurant Corp. within the meaning of the FLSA. Defendant has: (1) employees engaged in commerce or in the production of goods for commerce and handling, selling, or otherwise working on goods or materials that have been moved in or produced for commerce by any person, including rice, beans, alcohol, soda, dry goods, napkins, and cups, and (2) an annual gross volume of sales in excess of $500,000.
18Defendant I & A Restaurant Corp. is a covered employer within the meaning of the FLSA and the NYLL and, at all times relevant, employed Plaintiff.
19Defendant Franklin R. Vargas is an owner and/or officer of I & A Restaurant Corp. Defendant Franklin R. Vargas exercises sufficient control over
operations to be
assign work, supervise employees, maintain payroll records, and at all times material herein,
20At all relevant times, Franklin R. Vargas has maintained control, oversight, and direction over Plaintiff because Franklin R. Vargas of pay.
21Defendant Franklin R. Vargas of pay. Defendant Franklin R. Vargas also assigned work to Plaintiff.
22The business activities of the defendants are related and performed through unified operation or common control for a common business purpose and constitute an enterprise, or joint employer, within the meaning of the FLSA.
23Defendants suffered or permitted Plaintiff to work more than 40 hours per week, without paying Plaintiff premium overtime pay at the rate of time and one half for hours worked in excess of 40 hours per week, and without paying Plaintiff minimum wage.
24Defendants did not issue Plaintiff a valid tip credit notice to Plaintiff.
WAGE THEFT PREVENTION ACT
25The NYLL and Wage Theft Prevention Act requires employers to provide all employees with a written notice of wage rates within ten days of the time of hire and when the wage rate is increased.
26Defendants failed to furnish Plaintiff with wage notices as required by § 195(1) of the Labor Law.
27The NYLL and Wage Theft Prevention Act requires employers to provide all employees with an accurate statement accompanying every payment of wages, which lists the name and phone number of the employer, regular rate of pay, overtime rate of pay, regular hours worked, overtime hours worked, gross wages, net wages, and additional information.
28Defendants also failed to furnish Plaintiff with accurate statements of wages, as required by § 195(3) of the Labor Law.
29ability to seek relief for violations of the wage and hour law.
30deprived Plaintiff of the ability to know how many hours Plaintiff worked each week and/or the wage that Defendants paid to Plaintiff. This prevented Plaintiff from being able to know the precise amount of unpaid wages, thus depriving Plaintiff of income for a longer period of time than if Plaintiff were able to discern the underpayment by receiving an appropriate notice.
31suffer injury because Plaintiff was underpaid and never advised of an entitlement to minimum wage ability to advocate for lost wages under the FLSA and NYLL.
32Plaintiff from having an accurate record of wages, in case Plaintiff wanted to apply for public benefits, bank loans, and/or credit cards.
FIRST CAUSE OF ACTION (FLSA Unpaid Minimum Wage)
33Plaintiff realleges, and incorporates by reference, all previous allegations as though fully set forth herein.
34.
U.S.C. §§
201 et seq.
35At all times relevant, Defendants have been employers of Plaintiff, engaged in commerce and/or the production of goods for commerce, within the meaning of 29 U.S.C. §§ 201 et seq.
36Defendants have failed to pay Plaintiff a minimum wage, to which Plaintiff is entitled under the FLSA.
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Public U.S. federal court record (district court docket 73109325, document 4). Source via the RECAP Archive (Free Law Project). The same record is available from PACER. Informational only — not legal advice.