A former employee alleges that a local bakery failed to pay legally required overtime wages and did not provide accurate wage statements, raising concerns about compliance with federal and state labor laws for hourly workers. The complaint was filed by Ana Gordillo on March 11, 2026, in the United States District Court for the Southern District of New York against Elias J & L Corp., doing business as Homestyle Desserts Bakery, along with Jason Elias and Laura Elias Timmons.
According to the filing, Gordillo worked as a baker at Homestyle Desserts Bakery from approximately 1998 until January 2026. She claims that during her employment she regularly worked between forty-seven and fifty-nine hours per week but was paid only at her regular hourly rate for all hours worked. The complaint states that neither Gordillo nor other non-managerial bakery workers received overtime pay at one-and-a-half times their regular rates for hours exceeding forty per week. Additionally, it is alleged that spread-of-hours pay was not provided when shifts spanned more than ten hours in a day.
The lawsuit outlines several alleged violations under the Fair Labor Standards Act (FLSA), the New York Labor Law (NYLL), and the New York Wage Theft Prevention Act (WTPA). Gordillo claims that throughout her employment, she was paid partly by check—usually covering forty hours—and the remainder in cash at straight time rates for any additional hours. The filing describes how wage payments were distributed in envelopes with limited information: “a notation indicating the total number of hours worked, the payment date, and sometimes but not always the amount of wages paid in cash for the workweek on the back of the envelope.”
The complaint provides specific examples from late 2024 where Gordillo allegedly worked more than fifty-four hours in a week but received no overtime premium. It further asserts that inaccurate or incomplete wage statements were furnished at each pay period’s end. According to Gordillo’s attorneys, these practices violated statutory requirements designed to ensure transparency regarding employee compensation: “Defendants intentionally failed to provide wage statements to Gordillo in violation of the WPTA to conceal the precise number of regular and overtime hours that she worked.”
Gordillo brings this action as a collective suit on behalf of herself and approximately twenty-five similarly situated non-managerial bakery workers employed within three years prior to commencement of this action. The complaint asserts that all members of this group performed similar duties, were paid hourly, regularly worked over forty hours per week, and were subject to “common unlawful pay policies and practices depriving them of overtime pay.” It is alleged that these actions formed part of an intentional corporate policy aimed at minimizing labor costs.
The legal arguments center on four main claims: failure to pay overtime wages under both FLSA and NYLL; failure to provide spread-of-hours pay under NYLL; and failure to furnish accurate wage statements as required by WTPA. The plaintiff contends these violations were willful and systematic: “Defendants’ unlawful conduct has been intentional, willful, and in bad faith.”
Gordillo seeks certification of this case as a collective action so other affected employees can join by opting in. She requests declaratory judgments confirming violations occurred; injunctive relief restraining further infractions; recovery of unpaid wages including liquidated damages; statutory damages for deficient wage statements; pre- and post-judgment interest; reasonable attorneys’ fees; costs; and any additional relief deemed appropriate by the court.
The complaint also notes previous litigation involving similar allegations against Elias J & L Corp., referencing Ruedas Dias v. Elias J & L Corp., No. 16 Civ. 3815 (CS) (S.D.N.Y.).
Attorneys Galen C. Baynes and Rachell Henriquez from Pechman Law Group PLLC represent Ana Gordillo in this matter. The case is identified as Case 7:26-cv-01986.
Source: 726cv01986_Ana_Gordillo_v_Elias_Corp_Complaint_Southern_District_of_New_York.pdf
