Lopez v. 1923 Sneaker, Inc. d/b/a “Air Kicks” and Youkyung Choi, individually Case No.: 18-cv-03828

New Collective Action filed in the Eastern District of New York
Lopez v. 1923 Sneaker, Inc. d/b/a “Air Kicks” and Youkyung Choi, individually  Case No.: 18-cv-03828

On July 2, 2018, Plaintiff Lopez, on behalf of himself, individually, and, on behalf of all others similarly-situated, filed a collective action lawsuit against 1923 Sneaker, Inc. d/b/a “Air Kicks” (“Air Kicks”) and Youkyung Choi (“Choi”), individually (together as “Defendants”). The complaint alleges as follows:

Mr. Lopez worked for Defendants – a footwear and apparel store located in Far Rockaway, New York, and its chief executive officer, who was Plaintiff’s direct supervisor. Plaintiff worked as a “sales associate” and “store clerk,” from on or about March 12, 2012 through approximately March 18, 2018. While working as sales associate for approximately two years, his principal duties were: attending to customers; organizing the stock room; cleaning the glass windows and mirrors around the store; and selling shoes and merchandise. In the Plaintiff’s capacity as a store clerk, for approximately four years, his primary duties were: opening and closing the store; charging all merchandise being purchased; counting cash in the registers at opening and closing; and checking money coming in through debit and credit transactions. Defendant Choi is the chief executive officer and day-to-day overseer of Air Kicks, and personally supervised Plaintiff during his employment with Defendants. Defendants required Mr. Lopez to work six days per week, from 9:30 a.m. until 8:00 p.m. without a scheduled or uninterrupted break each day, for a total of sixty-three hours each workweek. At all times throughout his employment, Defendants failed to pay Plaintiff at the rate of one-half times his respective hourly rate of pay for any hours that Plaintiff worked each week over forty. Thus, Defendants violated Plaintiff’s rights guaranteed to him by the overtime provisions of the Fair Labor Standards Act (“FLSA”), the New York Comp. Codes, Rules, and Regulations, and the New York Labor Law (“NYLL”). In further violation of the NYLL, Defendants also failed to provide Plaintiff with proper wage statements on each payday and with any wage notice at the time of Plaintiff’s hire, let alone accurate ones.

Plaintiff seeks to bring this suit against Defendants to recover unpaid overtime compensation and liquidated damages pursuant to the applicable provisions of the FLSA, individually, on his own behalf, as well as on behalf of those who worked in other similar positions.

If any individual is or has previously been an employee for the Defendants named in the lawsuit and/or has information that may be relevant to this case, please contact New York employment lawyers Borrelli & Associates, P.L.L.C. as soon as possible.