New Collective Action filed in the Southern District of New York
Esperanza v. Dyckman Bar, Corp. et al Case No.: 1:17-CV-08766
On November 10, 2017, lead Plaintiff Kiara Esperanza, on behalf of herself and those similarly situated, filed a collective action lawsuit in United States District Court – Southern District of New York against Dyckman Bar, Corp. et al. The complaint alleges as follows: Plaintiff worked for Defendants from March 2015 through the present, and throughout the entirety of her employment, Defendants have willfully failed, and continue to fail, to pay Plaintiff the wages lawfully due to her under the FLSA and the NYLL. Specifically, from the beginning of her employment and continuing until they unlawfully reduced her hours, Plaintiff alleges that Defendants routinely required Plaintiff to work beyond forty hours in a workweek, but failed to compensate Plaintiff at the statutorily-required overtime rate for any hours that she works per week in excess of forty. Moreover, Plaintiff alleges that Defendants have failed and continue to fail to pay Plaintiff an hourly wage at least equal to the applicable minimum wage rate that the NYLL requires for each hour that Plaintiff worked, and that Defendants also failed and fail to pay Plaintiff spread-of-hours compensation of one hour’s pay at the minimum wage rate on those days when her spread of hours exceeded or exceeds ten during a given day, as the NYLL and NYCCRR require. Additionally, Plaintiff alleges that Defendants failed and fail to provide Plaintiff with proper wage statements on each payday, or with an accurate wage notice at the time of hire, as the NYLL requires.
If any person worked for the defendants named in the lawsuit during the time period of Thursday, November 10, 2011 – present or has information that may be relevant to this case, contact Borrelli & Associates, P.L.L.C. as soon as possible through our website, or by phone: (516) 248-5550, (516) ABOGADO, and (212) 679-5000.
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