In a dramatic legal filing, a former employee has taken action against his previous employer, accusing them of multiple labor law violations and racial discrimination. On December 8, 2025, Rigoberto Bautista Flores filed a class and collective action complaint in the United States District Court for the Southern District of New York against 536 J AND J Corporation, doing business as 86th Corner Wine & Liquor Co., and its owner Howard Shim.
Flores alleges that he and other employees were systematically denied proper compensation for overtime work due to practices such as time shaving and improper rounding of hours. He claims these actions violated both the Fair Labor Standards Act (FLSA) and New York Labor Law (NYLL). According to the complaint, Flores was employed at the liquor store from March 2000 until September 2023 when the business was sold. During this time, he worked more than forty hours per week but was not paid at the correct overtime rate. For instance, in one week in December 2019, Flores was paid $594 for 43 hours of work instead of $600.75 had he been compensated correctly.
Additionally, Flores asserts that his employer breached their contract by failing to pay required payroll taxes under FICA, opting instead to pay employees in cash without proper wage statements or W-2 forms. This practice allegedly allowed the defendants to unjustly enrich themselves while depriving employees of social security benefits.
The complaint also details accusations of racial discrimination under federal and state laws. Flores describes being subjected to derogatory remarks based on his Latino ethnicity by Shim, who allegedly called him “Perro” (Spanish for “dog”) and made racially charged comments about Mexico. These actions are claimed to have created a hostile work environment causing emotional distress.
Flores seeks several forms of relief from the court including unpaid wages with interest, liquidated damages, statutory penalties for wage notice violations under NYLL, compensatory damages for emotional distress caused by discrimination, punitive damages, attorneys’ fees, and costs associated with bringing this lawsuit. He also requests an injunction against further unlawful practices by the defendants.
Representing Flores is Lee Litigation Group PLLC with attorneys C.K. Lee and Anne Seelig leading the case. The case is assigned Case No.: 1:25-cv-10169 in front of judges from the Southern District Court of New York.
Source: 1-25-cv-10169_Riboberto_Bautista_Flores_v_536_JComplaint_Southern_District_of_Newy_York.pdf
