In a compelling legal battle, a former employee is taking a stand against his previous employers, alleging severe violations of labor laws. On February 23, 2026, Benito Rivera Galvez filed a complaint in the United States District Court for the Southern District of New York against A Modo Nostro LLC, doing business as Bar 314, and its individual operators Andrew B. Lopresto and Bruno Molfetta. The lawsuit accuses the defendants of multiple infractions concerning wage and hour laws.
The plaintiff, Benito Rivera Galvez, represented by Helen F. Dalton & Associates, P.C., claims that during his employment at Bar 314 from May 2022 to December 2024, he was systematically underpaid in violation of both federal and state labor regulations. Galvez alleges that despite working extensive hours—sometimes up to fifty-four hours per week—he was not compensated with overtime pay as mandated by the Fair Labor Standards Act (FLSA) and New York Labor Law (NYLL). “Defendants willfully failed to pay Plaintiff’s overtime wages for hours worked in excess of forty (40) hours per week,” states the complaint.
Galvez further contends that he was denied additional compensation for shifts exceeding ten hours—a breach of NYLL’s spread-of-hours provisions. He also accuses the defendants of neglecting to provide necessary wage notices and statements throughout his tenure at Bar 314. This lack of documentation allegedly left him unable to verify if he received fair compensation according to legal standards.
The complaint outlines how A Modo Nostro LLC and its owners maintained direct control over employment conditions at Bar 314. Both Lopresto and Molfetta are accused of having ultimate authority over hiring decisions, payroll management, and work schedules—roles which implicate them directly in the alleged labor law violations.
Seeking justice not only for himself but also on behalf of similarly affected employees, Galvez has initiated this collective action under the FLSA. The lawsuit aims to represent all individuals employed under similar conditions at Bar 314 who were denied lawful wages due to what is described as a consistent pattern of unlawful conduct by the defendants.
In terms of relief sought from the court, Galvez is pursuing compensatory damages including unpaid wages along with liquidated damages equivalent to those unpaid amounts. Additionally, he seeks interest on these sums alongside attorneys’ fees and costs associated with bringing this action forward.
Representing Galvez is attorney Roman Avshalumov from Helen F. Dalton & Associates, P.C., while no specific defense counsel has been mentioned in the document for A Modo Nostro LLC or its individual owners. The case has been filed under Case ID: 1:26-cv-01477 in front of judges yet unnamed within this document context.
Source: 126cv01477_Benuto_Rivera_v_A_Modo_Complaint_Southern_District_of_New_York.pdf
