Willy’s Margarita Café and Cuban Restaurants – Unpaid Wages

Kessler Matura P.C. has been appointed class counsel of all current and former bartenders and servers who worked at certain restaurants run by Long Island restauranteur William Martinez since June 2017. Mr. Martinez owns and operates two interrelated chains: Willy’s Margarita Café and Willy’s Cuban Restaurant (collectively, “Willy’s”).

The complaint alleges that Willy’s did not pay their bartenders and servers the full minimum wage and spread-of-hours pay as required by New York law. Servers and bartenders at Willy’s were required to complete hours of non-tipped work each shift but were paid at the tipped minimum wage for all hours worked. And, when they worked over 10 hours a day they were not paid an additional hour at the minimum wage. As a result, we allege that Willy’s bartenders and servers are owed unpaid minimum wages and spread-of-hours wages.

This lawsuit seeks to recover back wages and related damages to all individuals employed as either a bartender or server in New York since June 1, 2017. On April 2, 2024, the Court certified the case as a class action. The class includes all bartenders and servers from Margaritas Cafes located at the following addresses: (1) 1868 Front Street, East Meadow; (2) 445 S. Main St., Freeport; (3) 392 Woodbury Road, Hicksville; (4) 124 E. Park Ave., Long Beach; (5) 139 B Merrick Ave., Merrick; (6) 95 Manorhaven Blvd., Port Washington; (7) 581-583 Smithtown Bypass, Smithtown; (8) 753 Wantagh Ave. Wantagh; and (9) 38 Hillside Ave., Williston Park. And, the class includes bartenders and servers from the Cuban Restaurant located at (1) 39-17 Bell Blvd., Queens; (2) Stewart Ave., Garden City; or (3) 95 W. Main St., Patchogue.

Click here to view a copy of the complaint and here to view a copy of our motion to certify the class as a class action.

If you worked as a bartender or server at one of these restaurants and have a question about the case, please contact Troy L. Kessler, Benjamin Goldstein, or Garrett Kaske.