SCALIA v. AGAVE ELMWOOD INC.

1:17-CV-00605 EAW.

458 F.Supp.3d 161 (2020)

Eugene SCALIA, Secretary of Labor, United States Department of Labor, Plaintiff, v. AGAVE ELMWOOD INC. d/b/a Agave Mexican Restaurant; Don Tequila Dos, Inc. d/b/a El Agave Mexican Restaurant; Don Tequila, Inc. d/b/a Don Tequila Mexican Restaurant; Don Tequila 73, Inc. d/b/a Don Tequila Mexican Restaurant, as successor to Don Tequila, Inc.; Mis Reinas Foods, Inc. d/b/a La Divina Mexican Store; Sergio Mucino, individually; and Jose Manuel Sanchez-Ocampo, individually, Defendants.

United States District Court, W.D. New York.

Signed April 28, 2020.


Attorney(s) appearing for the Case

Amy Tai , U.S. Department of Labor Office of the Solicitor, New York, NY, for Plaintiff.

Leonard D. Zaccagnino , Shaw & Shaw, P.C., Hamburg, NY, Jacob A. Piorkowski , The Tarantino Law Firm, LLP, Buffalo, NY, for Defendants.


DECISION AND ORDER

INTRODUCTION

Plaintiff Eugene Scalia, Secretary of Labor for the United States Department of Labor ("Plaintiff" or "Secretary") commenced this action pursuant to the Fair Labor Standards Act of 1938 ("FLSA"), 29 U.S.C. § 201

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