New Action filed in the United States District Court Southern District of New York

Conley, Bryce, and DeJesus, on behalf of themselves, individually, and on behalf of all others similarly-situated, v. Mavis Tire Supply, LLC Index No.:23-cv-0602

On January 24^th, 2023, Plaintiffs Conley, BRYCE (“Bryce”), and SAUEL DeJESUS (“DeJesus”), (collectively as “Plaintiffs”), on behalf of themselves, individually, and on behalf of all others similarly-situated, (collectively as “FSLA Plaintiffs,” and/or “Rule 23 Plaintiffs,” as that term is defined below), by and through their attorneys, BORRELLI & ASSOCIATES, P.L.L.C., as and for their Complaint against MAVIS TIRE SUPPLY, LLC (“Mavis” or “Defendant”), allege upon knowledge as to all other matters, as follows:

Plaintiffs Conley, Bryce, and DeJesus worked for Defendant – – a Delaware limited liability company that is headquartered in White Plains, New York, and which operates a nationwide tire sales and automobile services company – – as store managers, a managerial position in name only. Conley worked as a store manager in New York from November 2020 through May 15, 2021. Bryce worked as a store manager at multiple locations in New Jersey from July 2016 through September 2016, and then again from September 2020 until July 2022. DeJesus worked as a store manager in Pennsylvania from November 2021 until January 16, 2023. Throughout Plaintiffs employment, Defendants failed to pay Plaintiff the overtime wages and/or full wages lawfully due to him under the Fair Labor Standards Act (“FLSA”) and/or the New York Labor Law (“NYLL”), and/or the New Jersey Wage and Hour Law (“NJWHL”), and/or the New Jersey Wage Payment Law (“NJWPL”), and/or the Pennsylvania Minimum Wage Act of 1968 (“PMWA”), and/or the Pennsylvania Wage Payment and Collection Law (“PWPL”). Specifically, despite Plaintiffs’ duties not qualifying them for any exemption, Defendants required Plaintiff to work, and Plaintiff did work, more than forty hours per week but Defendant paid Plaintiffs a flat weekly salary that did not include overtime premiums, and Defendant thus failed to pay Plaintiffs at the statutorily-required overtime rate of one and one-half times their respective regular rates of pay for any hours that Plaintiffs worked in a week over forty, and thus not their full wages owed for each pay period. Additionally, Defendants violated the NYLL by failing to provide Conley with an accurate wage statement on each payday or with an accurate wage notice.

Mr. Conley has commenced this action not only for himself but also for all his other current and/or former coworkers who were also paid improperly by the Defendants working anywhere within the United States. Therefore, 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.