Carnival Fruit & Vegetables Hit with Wage and Hour Lawsuit

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A proposed collective action filed in New York claims Ilke Inc. and four individuals with control of the company violated federal and state labor law by illegally underpaying a former employee.

According to the case, the plaintiff was employed as a produce worker at the defendants’ Brooklyn-based store, Carnival Fruit & Vegetables. During his tenure, the man put in 12-hour shifts totaling 72 hours per week for a fixed weekly salary that did not vary depending on the number of hours worked, the suit says. When divided by his total hours, the plaintiff’s salary allegedly amounted to an hourly pay rate that fell below the lawful minimum wage.

The case further alleges the plaintiff was deprived of proper overtime wages and state-mandated spread-of-hours pay for shifts lasting over 10 hours. In addition, the man claims he did not receive a wage notice upon being hired or accurate wage statements throughout his employment, in violation of state law.