Legal Opinion

Lopez v. Nights of Cabiria, LLC

District Court, S.D. New York

Decided March 30, 2015No. 14-cv-1274 (LAK)PublishedCited by 686 opinions

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

  1. Lugosch v. Pyramid Co. of OnondagaCourt of Appeals for the Second Circuit · 2006
  2. Wolinsky v. Scholastic Inc.District Court, S.D. New York · 2012
  3. 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
  4. Wal-Mart Stores, Inc. v. Visa U.S.A. Inc.Court of Appeals for the Second Circuit · 2005
  5. D. A. Schulte, Inc. v. GangiSupreme Court of the United States · 1946

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3Cited by686 opinions

  1. Cheeks v. Freeport Pancake House, Inc.Court of Appeals for the Second Circuit · 2015
  2. Fisher v. SD Protection Inc.Court of Appeals for the Second Circuit · 2020
  3. Gurung v. White Way Threading LLCDistrict Court, S.D. New York · 2016
  4. Lopez v. Poko-St. Ann L.P.District Court, S.D. New York · 2016
  5. Selk v. Pioneers Memorial Healthcare DistrictDistrict Court, S.D. California · 2016

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