Lee v. New York Mutual Trading Inc., and Masatoshi Ohata, individually, Civil Case No.:21-cv-10784

New Action filed in the District Court for the District of New Jersey

Lee v. New York Mutual Trading Inc., and Masatoshi Ohata, individually, Civil Case No.:21-cv-10784

On May 5, 2021, Plaintiff Lee filed a lawsuit in the United States District Court for the District of New Jersey against NEW YORK MUTUAL TRADING INC. (“Mutual”), and MASATOSHI OHATA, individually (“Ohata,” together, where appropriate, as “Defendants”), alleging upon knowledge as to himself and his own actions and upon information and belief as to all other matters, as follows:

Plaintiff worked for Defendants – – a New Jersey corporation that provides food and other supplies to Japanese restaurants in New Jersey, New York, Pennsylvania, and Connecticut, and its President and Chief Executive Officer- – – as a small vehicle delivery driver from September 1, 2018 through the present.  As described below, throughout Plaintiff’s employment, Defendants have willfully failed to pay Plaintiff the wages lawfully due to him under the Fair Labor Standards Act (“FLSA”), the New Jersey Wage and Hour Law (“NJWHL”), and the New Jersey Wage Payment Law (“NJWPL”).  Specifically, Defendants required Plaintiff to work, and Plaintiff routinely does work, more than forty hours in a workweek, but Defendants have failed to compensate Plaintiff at the statutorily-required overtime rate of one and one-half times his regular rate for many of the hours that he has worked per week in excess of forty.  Rather, Defendants pay Plaintiff based on two monthly pay periods – – from the first through the fifteenth of each month and then from sixteenth through the end of each month – – and while Defendants pay Plaintiff overtime at one and one-half times his regular rate for the hours that he works over forty in a workweek when those hours fall within a single bi-monthly pay period, for the hours worked over forty that occur during a single workweek but that accumulate over two pay periods, Defendants pay Plaintiff at his regular rate of pay for those hours.  Further, Defendants do not pay Plaintiff at any rate for between two and two and one-half hours each week that Plaintiff works in excess of forty.

Defendants paid and treated all of their small vehicle delivery drivers in the same manner.  Accordingly, Plaintiff brought this lawsuit against Defendants pursuant to the collective action provision of the FLSA, 29 U.S.C. § 216(b), on behalf of himself, individually, and on behalf of all other persons similarly-situated during the applicable FLSA limitations period who suffered damages as a result of Defendant’s violations of the FLSA.  Additionally, Plaintiff brought his claims under the NJWHL and the NJWPL on behalf of himself, individually, and on behalf of any FLSA Plaintiff, as that term is defined below, that opts-into this action.

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.