A former employee of a New York-based minimarket has taken legal action against his previous employer, alleging serious violations of labor laws. Jose Encarnacion filed a complaint on February 3, 2026, in the United States District Court for the Southern District of New York against New Estrella Minimarket Corp., along with its principals Angel Elion Pujol Hernandez and Angel Pujol. The lawsuit claims that the defendants failed to pay Encarnacion and other employees the legally mandated minimum wage and overtime compensation.
According to the court documents, Encarnacion worked as a deli worker at New Estrella Minimarket from October 2023 until September 2025. During this period, he was paid a flat rate of $750 per week in cash despite working an average of 60 hours per week. This payment structure resulted in an effective hourly wage significantly below the required minimum wage for Westchester County, which ranged from $15.00 to $16.50 during his employment period. Furthermore, Encarnacion alleges that he did not receive any overtime pay or spread-of-hours compensation as required by both federal and state laws.
The complaint accuses the defendants of maintaining a policy that denied proper wages not only to Encarnacion but also to other similarly situated employees. It states that “Defendants maintain a policy and practice of requiring Plaintiff and other employees to work without providing the minimum and overtime compensation required by federal and state law.” Additionally, Encarnacion asserts that he was never provided with written notice of his wage rates or accurate wage statements, violating the Wage Theft Prevention Act.
Encarnacion is seeking several forms of relief from the court. He demands compensatory damages for unpaid wages, liquidated damages equal to 100% of unpaid wages due to willful violations by the defendants, statutory damages for failure to provide wage notices and statements, pre-judgment interest at a rate of 9% per annum, post-judgment interest at statutory rates, reasonable attorneys’ fees and costs, injunctive relief prohibiting future violations by the defendants, and an order requiring compliance with recordkeeping requirements.
Representing Jose Encarnacion is attorney Lina Stillman from Stillman Legal P.C., based in New York City. The case has been assigned Case ID 1:26-cv-00974 in front of judges yet unnamed.
Source: 126cv00974_Jose_Encarnacion_v_New_Estrella_Complaint_Southern_District_of_New_York.pdf
