On September 9, 2011, federal judge Paul Crotty issued a decision in Torres v. Gristede’s Operating Corp., a class action asserting the non-payment of wages and overtime, finding that Gristede’s owner John Catsimatidis is an “employer” within the meaning of the federal Fair Labor Standards Act and the New York Labor Law, and hence is jointly and severally liable for Plaintiffs’ damages. The decision was based on evidence – including an affidavit signed by Mr. Catsimatidis and his statements in open court – indicating that he controlled nearly every facet of the company’s operations.