A long-time employee of a Guilford delicatessen is suing his former employer, claiming he wasn’t properly paid for overtime work.
Luis Fernando Albarracin of Branford filed the action this month in U.S. District Court against Deli Unlimited Inc., the business’ owner Marjorie Oranzo, and her son, Alex Oranzo.
The litigation alleges violations of the Fair Labor Standards Act and the Connecticut Minimum Wage Act.
Albarracin worked for Deli Unlimited, which is at 1099 Boston Post Road in Guilford, from approximately October 1999 until March of this year. He served primarily as a deli clerk and cashier and made $18 per hour, according to the lawsuit.
During his tenure there, Albarracin asserts that he regularly worked between 60 and 65 hours each week, and often worked seven days a week and on holidays.
According to the lawsuit, in January 2019, Albarracin was directed to continue working more than 40 hours per week, but he was told to record only 40 hours on his timesheet. His employers allegedly instructed him to do a second time sheet for overtime hours.
The lawsuit claims Albarracin was paid for the regular 40 hours through a payroll check, but for any additional hours, he was paid in cash at his regular hourly rate. The litigation claims he was paid on a “straight time” basis for his overtime work, instead of at the required overtime rate of one and a half times his regular hourly rate.
When he complained, he was “berated and bluntly told by defendants that if he did not like it he should leave,” the litigation claims.
According to the lawsuit, Albarracin was not paid properly for overtime for the last three years of his employment there.
The litigation seeks to recover unpaid overtime wages for the three-year period, liquidated damages of double the amount owed, attorney fees and costs, and interest.
Attorney William Madsen of Madsen, Prestley & Parenteau of Hartford, who represents the plaintiff, did not immediately respond to a request for comment Friday.
Reached via telephone, Alex Oranzo declined to comment on the litigation and indicated he had not yet reviewed it.
Contact Michelle Tuccitto Sullo at msullo@newhavenbiz.com
