Willy’s Margarita Café and Cuban Restaurants – Unpaid Wages Case and Settlement

In April 2024, Kessler Matura P.C. was appointed class counsel of all current and former bartenders and servers who worked at certain restaurants run by Long Island restauranteur William Martinez between June 2017 and April 2024.  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.

We reached a settlement with Willy’s, which the Court approved in April 2025.  Anyone who worked as a tip-earning bartender or server at some time between June 1, 2017, and April 8, 2024, who was previously notified of the class action in the and did not opt-out of the case, is eligible in the settlement.  Class Members have until April 6, 2026, to participate in the settlement by returning a claim form.  

If you have questions about the case or settlement, please contact Troy L. Kessler, Benjamin Goldstein, or Garrett Kaske.