New Class and Collective Action filed in the Eastern District of New York
Loja v. Jasco Designs, Inc., Civil Case No.: 18-cv-06190
On November 2, 2018, Plaintiff, Ms. Loja, on behalf of herself, individually, and on behalf of all others similarly-situated, filed a class and collective action lawsuit in the United States District Court Eastern District of New York against JASCO DESIGNS, INC., (“Jasco” or “Defendant”), alleging upon knowledge as to herself and her own actions and upon information and belief as follows:
Ms. Loja worked for Defendant – – a Brooklyn-based wholesale jewelry manufacturer and distributor – – from in or around August 2005 to in or around August 2010 and then from in or around August 2015 until January 6, 2017. Defendant employed Plaintiff to work as an hourly employee, most recently, as is relevant herein, from in or around August 2015 until January 6, 2017. Plaintiff worked as a packer at 63 Flushing Avenue, Unit 290, Brooklyn, New York 11205, in which capacity Plaintiff’s primary duties consisted of sorting finished jewelry into packages that were then shipped to retailers. On March 9, 2017, Plaintiff and Defendant entered into the first of a series of written agreement to toll the statute of limitations for all of Plaintiff’s claims arising under, inter alia, the Fair Labor Standards Act (“FLSA”), the New York Labor Law (“NYLL”), and the N.Y. Comp. Codes R. & Regs. (“NYCRR”), with the most recent version operating to toll the statute of limitations for all of Plaintiff’s claims from February 13, 2017 through September 30, 2018. Throughout at least the Relevant Time Period, Defendant usually required Plaintiff to work, and Plaintiff did work, five or six days a week, from 8:00 a.m. to 4:00 or 5:00 p.m. each day, Monday through Friday, and sometimes from 8:00 a.m. to 5:00 p.m. on Sunday, for a total of between thirty-seven and one-half and fifty-one hours per week. Plaintiff usually received a thirty-minute lunch break each day. Additionally, on occasions when retailers needed increased products, which occurred on average of at least three times per month especially around certain holidays, Defendant required Plaintiff to work, and Plaintiff did work, from 8:00 a.m. to as late as between 8:00 p.m. and 10:00 p.m. Thus, during those weeks, Plaintiff worked as many as sixty-six hours in a week. Defendants willfully failed to pay Plaintiff the wages lawfully due to her under the FLSA and NYLL. Additionally, on those occasions during the Relevant Time Period when Defendant required Plaintiff to work and Plaintiff did work a shift over ten hours from beginning to end, Defendant did not compensate Plaintiff with an additional one hour’s pay at the minimum wage rate.
Defendant treated Plaintiff, FLSA Plaintiffs, and Rule 23 Plaintiffs in the same manner described herein. Accordingly, Plaintiff brings this lawsuit against Defendants pursuant to the collective action provisions of the FLSA, 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 employment lawyers in New York 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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