Argilio Rodriguez and Martin Restitutyo obtained a complete dismissal of all claims on behalf of clients Mamma Ristorante Corp. (“Mamma”) and The Five Amigos Inc. (“Five Amigos”) in the matter of Astrid Bojaj, et. al. v. Moro Food Corp., et. al. The class action was brought by 12 current and former employees alleging that the restaurants and their operators withheld overtime pay, minimum wages, and tips in the Southern District of New York. Ruling on Mamma’s and Five Amigos’ Motion to Dismiss, Judge Griesa found that plaintiffs had failed to adequately plead violations of minimum wage and unpaid overtime under recent 2nd Circuit decisions.
Moreover, the tip appropriation claims under New York Labor Law were dismissed because plaintiffs could not allege that they were eligible to receive tips. Finally, plaintiffs’ FLSA claims should be dismissed because they were time-barred by the Statute of Limitations. Plaintiffs’ claims against Five Amigos were dismissed as they lacked standing to sue since they did not allege that Five Amigos employed them.