Hobson v. Manage Transit Corp., and Julissa Curcio, individually,
Civil Case No.: 19-cv-02695-RJD-LB
On May 7, 2019, Plaintiff Hobson, 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 MANAGE TRANSIT CORP. (“Manage Transit”), and JULISSA CURCIO, individually, (together, with Manage Transit, as “Defendants”), alleging upon knowledge as to herself and her own actions and upon information and belief as to all other matters as follows:
Plaintiff worked for Defendants – – a Brooklyn-based bus transportation company and its owner – – as a bus matron from November 10, 2017 through January 26, 2018. As a bus matron, Plaintiff’s main duties consisted of supervising and ensuring the safety of the passengers while on the bus and assisting the passengers getting on and off the bus. Throughout her employment, Defendants required Plaintiff to work, and Plaintiff did work, between approximately fifty-six and one-quarter and sixty-six and one-quarter hours each week, but failed to compensate Plaintiff, an hourly employee, at any rate of pay, and thus not at the Fair Labor Standards Act (“FLSA”) required overtime rate of one and one-half times her regular rate of pay for any hours that Plaintiff worked in a week in excess of forty. Defendants further violated the New York Labor Law, and the N.Y. Comp. Codes R. & Regs. by failing to: compensate Plaintiff at least at the statutorily-required minimum wage rate for all hours that she worked each week and/or at least at her regular rate of pay for all hours that she worked each week up to forty in accordance with the terms and conditions of her employment; 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 ten during a given day, or there was a split shift; provide Plaintiff with accurate wage statements on each payday; and provide Plaintiff with an accurate wage notice at the time of hire.
Defendants paid and treated all their bus matrons in the same manner. Accordingly, Plaintiffs brought this lawsuit against Defendants pursuant to the collective action provisions of the FLSA and Federal Rule of Civil Procedure (“FRCP”) 23, on behalf of herself and on behalf of all others similarly-situated who suffered damages because of Defendants’ willful violations of the law.
If any individual is or has previously been an employee of the Defendants named in the lawsuit and/or has information that may be relevant to this case, please contact Borrelli & Associates, P.L.L.C. as soon as possible through one of our websites, www.employmentlawyernewyork.com or www.516abogado.com, or any of our phone numbers: (516) 248–5550, (516) ABOGADO, or (212) 679–5000.
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