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Ametepe v. Peak Time Parking, Corp., and FIH Enterprise Inc., and Sam Dar Enterprises Inc., and Zafar Majeed, individually, and Fayyaz Khan, individually, and Naveed Anjum, individually, and Mustafa Ali Khandwalla, individually Case No.: 1:18-cv-05384

ParkingNew Collective Action filed in the Southern District of New York
Ametepe v. Peak Time Parking, Corp., and FIH Enterprise Inc., and Sam Dar Enterprises Inc., and Zafar Majeed, individually, and Fayyaz Khan, individually, and Naveed Anjum, individually, and Mustafa Ali Khandwalla, individually  Case No.: 1:18-cv-05384

On June 14, 2018, Lead Plaintiff Mr. Ametepe filed a collective action lawsuit in United States District Court – Southern District of New York against Peak Time Parking, Corp., and FIH Enterprise Inc., and Sam Dar Enterprises Inc., and Zafar Majeed, individually, and Fayyaz Khan, individually, and Naveed Anjum, individually, and Mustafa Ali Khandwalla, individually. The complaint alleges as follows:

Defendants Peak Time Parking, Corp., FIH Enterprise Inc., and Sam Dar Enterprises Inc. (collectively, “the Garage”) are three corporations that operate along with an undetermined, but significant number of other corporations as a single entity in the business of operating parking garages in the City of New York. Together, Defendants Majeed, Khan, Anjum, and Khandwalla personally managed and oversaw the day-to-day operations of the Garage. In November 2011, Defendants Majeed, Khan, and Anjum, on behalf of Defendant Garage, hired Mr. Ametepe to work for Defendants as a parking attendant; however, they neglected to provide him with any documentation concerning his employment with the Garage. Thus, Defendants violated the New York Labor Law (“NYLL”)’s requirement that employers furnish employees with a wage notice at hire containing specific categories of accurate information. Yet, Defendants’ transgression of the law did not conclude there. From June 14, 2012 through November 2016, Defendants required Plaintiff Ametepe to work seven days per week, either starting his workday at 7:00 p.m. and ending at approximately 7:00 a.m. or vice versa, while rarely providing him with an uninterrupted break during each workday. Despite that Defendants required Plaintiff to work and Plaintiff did routinely work eighty-four hours each week during his employment, Defendants paid Plaintiff a flat salary ranging from $350.00 to $450.00, which was intended to cover only the first forty hours worked per week. By failing to pay Mr. Ametepe at any rate of pay for the forty-four excess hours he worked each week, Defendants further violated the NYLL, the Fair Labor Standard Act (“FLSA”), and the New York Comp. Codes R. & Regs (“NYCCRR”)’s requirements that employers pay employees at a rate of time-and-one-half their hourly rate of pay for any hours worked in excess of forty in a workweek. Additionally, although Defendants paid Plaintiff Ametepe in cash on a weekly basis, on each payday, Defendants failed to provide him with a wage statement that accurately listed his actual hours worked for that week or his rates of pay.

Finally, Defendants paid and treated all non-managerial parking attendants in this same manner. Accordingly, Mr. Ametepe brings this lawsuit against Defendants pursuant to the collective action provisions of the FLSA, on behalf of himself 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 for the Defendants named in the lawsuit during the time period of June 14, 2012 – present 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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