Lopez v. Nights of Cabiria, LLC
District Court, S.D. New York
1Opinion of the Court
MEMORANDUM OPINION
LEWIS A. KAPLAN, District Judge.
The three named plaintiffs in this case— Fermín Lopez, Cesar Meló, and Armando Ajtun — were employed as tipped delivery workers1 at defendants’ restaurant, which operated as “Two Boots Pizza,” in the East Village.2 Notwithstanding their designation as tipped delivery workers, plaintiffs *173allege that they spent a “considerable part of their work day” performing non-tipped, non-delivery duties without due compensation.3 They bring this suit to enforce their alleged rights under, the Fair Labor Standards Act (“FLSA”)4 and the New York Labor Law…
2Cases cited21 opinions
- Lugosch v. Pyramid Co. of OnondagaCourt of Appeals for the Second Circuit · 2006
- Wolinsky v. Scholastic Inc.District Court, S.D. New York · 2012
- New York State Association for Retarded Children, Inc. v. Hugh L. Carey, Individually and as Governor of the State of New YorkCourt of Appeals for the Second Circuit · 1983
- Wal-Mart Stores, Inc. v. Visa U.S.A. Inc.Court of Appeals for the Second Circuit · 2005
- D. A. Schulte, Inc. v. GangiSupreme Court of the United States · 1946
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3Cited by686 opinions
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- Fisher v. SD Protection Inc.Court of Appeals for the Second Circuit · 2020
- Gurung v. White Way Threading LLCDistrict Court, S.D. New York · 2016
- Lopez v. Poko-St. Ann L.P.District Court, S.D. New York · 2016
- Selk v. Pioneers Memorial Healthcare DistrictDistrict Court, S.D. California · 2016
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