Loja, et al. v. Jasco Designs, Inc..; Case No.: 1:18-cv-06190-AMD-VMS

Judge grants Conditional Certification of Collective Action in the Eastern District of New York

Loja, et al. v. Jasco Designs, Inc..; Case No.: 1:18-cv-06190-AMD-VMS

On November 2, 2018, Ms. Loja, on behalf of herself, individually, and on behalf of all others similarly-situated, filed a collective action lawsuit in the United States District Court Eastern District of New York against JASCO DESIGNS, INC., (“Defendant”), alleging debilitating violations of the Fair Labor Standards Act (“FLSA”) and the New York Labor Law (“NYLL”) and the New York Comp. Codes, Rules, and Regulations, including the failure of Defendant to compensate Plaintiffs for overtime wages. The claims of the case are reviewed as follows:

• Defendant is a Brooklyn-based wholesale jewelry manufacturer and distributor.
• Defendant employed Ms. Loja to work as an hourly employee, most recently from in or around August 2015 until January 6, 2017 (“the Relevant Period”). 
• Ms. Loja worked as a packer in which capacity her primary duties consisted of sorting finished jewelry into packages that were then shipped to retailers.
• Throughout the Relevant Period, Defendant usually required Ms. Loja to work, and she did work, five or six days per week. Accordingly, Ms. Loja worked between thirty-seven and one-half hours per week and sixty-six hours in a week per week.
• In exchange for her work, from the beginning of the Relevant Time Period until on or about December 30, 2015, Defendant paid Ms. Loja a straight-time rate of $8.75 per hour and an overtime rate of $13.12 per hour for hours worked in excess of forty-two per week. From on or about December 31, 2015 until on or about December 30, 2016, Defendant paid Ms. Loja a straight-time rate of $9.00 per hour and an overtime rate of $13.50 per hour for hours worked in excess of forty-two per week. From on or about December 31, 2016 until January 6, 2017, Defendant paid Ms. Loja a straight time rate of $11.00 per hour and an overtime rate of $16.50 per hour for hours worked in excess of forty-two in that week. Thus, Defendant paid Ms. Loja at her straight-time rate for hours forty to forty-two during each week of work.

As described below, Defendant willfully failed to pay Ms. Loja the overtime wages lawfully due to her under the FLSA and the NYLL. Specifically, throughout the Relevant Period, Defendant required Ms. Loja to work over forty hours per week, but failed to compensate her at the statutorily required overtime rate of at least one and one-half times her regular rate of pay for hours forty to forty-two during each week of work. Instead, Defendant paid Ms. Loja at her straight-time rate of pay for hours forty to forty-two during each week of work. Additionally, Defendant violated the NYLL by failing to provide Ms. Loja with accurate wage statements on each payday or with any wage notice at the time of his hire.

Certification of Collective Action

In this case, the Judge reviewed claims that Ms. Loja brought forward alleging that there are additional workers in the same “class” (performing the same or similar duties) whose rights have been violated. On September 30, 2019, the motion for approval of a collective action was granted, allowing the case to proceed as a collective action enabling any current and former employees who were not paid properly to join the lawsuit and seek redress for Defendant’s failure to compensate them in accordance with the law.

If you or a person you know worked for the Defendant named in this lawsuit during the time period of November 3, 2015 and the present or has information that may be relevant to this case, contact Borrelli & Associates, P.L.L.C. as soon as possible through one of our websites, www.employmentlawyernewyork.com, www.516abogado.com or any of our phone numbers: (516) 248-5550, (516) ABOGADO, and (212) 679-5000.

• READ COURT AUTHORIZED NOTICE OF LAWSUIT (ENGLISH)
• READ COURT AUTHORIZED NOTICE OF LAWSUIT (SPANISH)