A former employee has taken legal action against a New York-based minimarket, alleging significant labor law violations. On February 3, 2026, Jose Encarnacion filed a complaint in the United States District Court for the Southern District of New York against New Estrella Minimarket Corp., Angel Elion Pujol Hernandez, and Angel Pujol. The lawsuit claims that the defendants failed to pay him minimum wage and overtime wages as required by federal and state laws.
Encarnacion worked as a deli worker at New Estrella Minimarket from October 2023 until September 2025. During this period, he alleges that he was paid a flat rate of $750 per week in cash, which translated to an hourly wage significantly below the mandated minimum wage for Westchester County. The complaint states that his effective hourly rate was less than $13.00 per hour despite working around 60 hours weekly. According to Encarnacion, this payment structure resulted in violations of both the Fair Labor Standards Act (FLSA) and the New York Labor Law (NYLL), including unpaid overtime and spread-of-hours compensation.
The plaintiff accuses the defendants of maintaining a policy that deprived him and other employees of their rightful wages. He claims that they failed to provide proper wage notices or maintain accurate records of hours worked, actions allegedly intended to obscure their non-compliance with labor laws. “Defendants’ unlawful conduct has been intentional, willful, and in bad faith,” Encarnacion asserts in his filing.
In his lawsuit, Encarnacion seeks various forms of relief from the court. He requests compensatory damages for unpaid wages and liquidated damages equal to 100% of those unpaid wages due to what he describes as willful violations by his former employers. Additionally, he asks for statutory damages related to wage statement violations under NYLL 198(1-d), pre-judgment interest at a statutory rate of 9% per annum, post-judgment interest at the same rate, reasonable attorneys’ fees and costs, injunctive relief prohibiting future violations by the defendants, and an order requiring compliance with wage notice requirements.
The case is being handled by Lina Stillman from Stillman Legal P.C., representing Encarnacion. The case ID is 7:26-cv-00974-KMK.
Source: 726cv00974_Jose_Encarnacion_v_New_Estrella_Complaint_Southern_District_of_New_York.pdf
