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Know Your Rights
Source: Forbes
Subject: Workplace Justice
Type: Media Coverage

Sandwich Maker Bimmy’s Sued For Labor Violations, According to Workers’ Legal Team

NEW YORK, Aug. 3 /PRNewswire/ — Bimmy’s, one of New York City’s largest wholesalers of "premium" sandwiches, wraps, salads, and other pre-packaged food items, allegedly violated federal and state labor laws, according to a lawsuit filed today in Brooklyn federal court.

Bimmy’s and its owner, Elliot Fread, are accused of failing to pay the workers who prepare its sandwiches in factories in New York City the applicable minimum wage rate for all hours worked, overtime for the hours that they work over 40 in a workweek, spread of hours pay on days on which they work more than 10 hours, and statutory compensation for the cost of maintaining required uniforms. The practices allegedly violate the federal Fair Labor Standards Act (FLSA) and the New York Labor Law (NYLL).

The workers are represented by attorneys from Outten & Golden LLP and Make the Road New York, Inc. The legal team will seek to have the lawsuit certified as a class action to recover unpaid wages and other damages for hourly workers employed by the defendants between June 3, 2007 and the date of final judgment in this matter.

The plaintiffs are Aurelio Ramalez and Maria Tenezela, both of New York. Mr. Ramalez worked for the company for more than five years until June 2010. Ms. Tenezela worked for the company for more than two years until September 2009.

The defendants are Bimmy’s LLC and Elliot Fread, who also is known as "Mr. Bimmy."

Attorney Rachel Bien, of Outten & Golden LLP, stated, "Bimmy’s slogan is ‘Food Made With Love.’ Unfortunately, our clients allege that Bimmy’s has not shown the same love to the workers who actually make the food. We hope that this lawsuit will convince Mr. Fread to change his company’s policies and practices."

Attorney Elizabeth Wagoner, of Make the Road New York, stated, "It’s incredibly disheartening that even companies claiming to be good corporate citizens do not always pay their low-wage workers appropriately. Our clients, and the hundreds of workers they seek to represent in this action, want to send a message to companies throughout this City: wage theft simply will not be tolerated."

The case is "Aurelio Ramalez and Maria Tenezela, et al., v. Bimmy’s LLC and Elliot Fread," Case No. 10-cv-3557 in the U.S. District Court, Eastern District of New York.

Attorney Contacts: Rachel Bien, Outten & Golden LLP, New York, 212.245.1000, ext. 4385,; and Elizabeth Wagoner, Make the Road New York, Inc., 718.565.8500, ext. 4425,