Skip to main content

Emeterio v. A & P Restaurant Corp.

S.D.N.Y.January 12, 2021No. 1:20-cv-00970
Facing something similar at work?Check your rights — free, private, no sign-up

Case Details

Nature of Suit — the legal category of the dispute
710 Labor: Fair Standards
Status — whether other courts must follow this ruling
Unknown
Procedural Posture — the stage the case had reached
motion to dismiss

Related Laws

No specific laws identified for this ruling.

Claim Types

Wage Theft

Outcome

Plaintiff's motion for conditional certification of a Fair Labor Standards Act collective action was granted. The court found a plausible basis to treat two restaurants as a single integrated enterprise and approved notice to be sent to current and former non-exempt employees for a three-year period prior to filing.

What This Ruling Means

Emeterio v. A & P Restaurant Corp. - Plain English Summary

What Happened

An employee at A & P Restaurant Corp. filed a lawsuit claiming wage theft—meaning the restaurant failed to properly pay workers. The employee wanted to turn this into a group case where other current and former workers could join in if they had similar complaints.

What the Court Decided

A federal judge in New York approved the request to move forward as a group lawsuit. The court found that two A & P restaurant locations were operated as one business unit, not separately. This allowed the judge to send notices to all non-exempt employees (workers not excluded from wage protections) who worked at these restaurants within the three years before the lawsuit was filed, inviting them to participate.

Why This Matters

This ruling helps workers by allowing them to combine their claims rather than fighting alone. When multiple employees band together, they have stronger leverage to recover unpaid wages. The decision also means any workers who experienced similar wage problems during that three-year window can join the case without filing separate lawsuits themselves.

This summary was generated to explain the ruling in plain English and is not legal advice.

Browse more:Wage Theft cases

More Rulings in This Case

Other orders and opinions in Emeterio from the same court.

Browse Related

Facing something similar at work?

Court rulings like this one are useful, but every situation is different. Take 3 minutes to see which laws may protect you — it's free, private, and no account is required to start.

This ruling information is sourced from public court records via CourtListener.com. Case outcomes, claim types, and summaries are extracted using AI analysis and may be incomplete or inaccurate. It is provided for informational and educational purposes only and does not constitute legal advice.

See something wrong, or named in this ruling and want it corrected or redacted? Request a correction.