A former worker at a midtown Manhattan deli is seeking compensation for alleged unpaid wages, overtime, and other labor law violations during his employment at the store. The lawsuit was filed by Isidro Javier Hernandez in the United States District Court for the Southern District of New York on March 2, 2026, naming 1656 Cafe Corp., Grab N Go Deli N Convenience Inc., both doing business as Grab N Go Deli, and Haitham Aldafari as defendants.
According to the complaint prepared by attorneys from Cilenti & Cooper, PLLC, Hernandez worked at Grab N Go Deli located at 1656 Broadway from February 25, 2025 until about February 7, 2026. He alleges that throughout his employment he was not paid all earned wages or overtime compensation as required by the Fair Labor Standards Act (FLSA) and New York Labor Law. The suit also claims violations of the New York Wage Theft Prevention Act.
The filing outlines that Hernandez was employed as a cook, sandwich maker, grill person, dishwasher, stock person, and general helper. He reports working seven days per week with typical shifts from 6:00 a.m. to 4:00 p.m., except Sundays when he started at 7:00 a.m., often covering additional hours without taking breaks. The complaint states that he regularly worked approximately sixty-nine hours per week and sometimes up to one hundred hours in certain weeks. Despite this schedule, Hernandez alleges he did not receive overtime pay for hours worked beyond forty each week.
The plaintiff asserts that he was initially paid $20 per hour in cash during his first weeks of employment; this rate increased to $21 per hour for most of his tenure and then to $22 per hour starting December 2025. However, Hernandez claims he did not punch a time clock or otherwise document his daily working hours and did not receive accurate weekly wage statements or an accounting of his pay. “Plaintiff was not paid an overtime premium for the hours he worked in excess of forty (40) hours per week,” the complaint states.
The legal action alleges that Haitham Aldafari exercised significant control over business operations and employee management at Grab N Go Deli. According to the filing, Aldafari had authority over hiring decisions, pay rates, work schedules, supervision of employees including Hernandez, and handled weekly cash payments either directly or through relatives or subordinates.
Hernandez further claims that when he worked shifts exceeding ten hours—a situation described as occurring several times each week—he was not compensated with “spread of hours” premiums as mandated by New York law. The complaint accuses defendants of failing to maintain accurate time records for employees and intentionally evading record-keeping requirements.
In addition to seeking recovery for unpaid regular wages and overtime under both federal and state law provisions—including liquidated damages—the plaintiff requests statutory penalties under the New York State Wage Theft Prevention Act due to lack of proper wage notices and statements. The complaint states: “Defendants failed to comply with the notice and record keeping requirements…and as such are liable for civil penalties.” Damages sought include up to five thousand dollars in statutory penalties along with attorneys’ fees and costs.
Hernandez demands a jury trial on all issues raised in the suit. A formal notice included in the filing also informs Haitham Aldafari of potential personal liability under Section 630 of New York’s Business Corporation Law as one of the largest shareholders responsible for employee debts.
The case is being handled by attorneys Justin Cilenti and Peter Hans Cooper of Cilenti & Cooper PLLC. The case identification number is 26 cv 1688.
Source: 126cv01688_Isideo_Javier_v_1656_Cafe_Corp_Complaint_Southern_District_of_New_York.pdf
