Mako v. Linda Richards Inc., and Linda Barry a/k/a Linda Bretti, individually, and Frank Bretti, individually,Civil Case No.: 19-cv-02660

New Employment Law Class and Collective Action filed in the Southern District of New York

Mako v. Linda Richards Inc., and Linda Barry a/k/a Linda Bretti, individually, and Frank Bretti, individually,
Civil Case No.: 19-cv-02660

On March 25, 2019, Plaintiff, Ms. Mako, on behalf of herself, individually, and on behalf of all others similarly-situated, filed a collective action lawsuit in the United States District Court Southern District of New York against LINDA RICHARDS INC., and LINDA BARRY, also known as LINDA BRETTI, individually, and FRANK BRETTI, individually, (collectively, where appropriate, as “Defendants”), alleging upon knowledge as to herself and her own actions and upon information and belief as follows:

Ms. Mako worked for Defendants – – a women’s clothing boutique located in Westchester, its President, and its Chief Executive Officer – – as an “Office Logistics Coordinator” from October 22, 2018 until December 7, 2018. As an “Office Logistics Coordinator,” Plaintiff’s primary duties consisted of processing accounts receivable, production orders, and returns for customers, many of whom resided out-of-state. Throughout her employment, Defendants required Plaintiff to work, and Plaintiff did work, five days per week, from as early as 8:00 or 8:30 a.m. to as late as 6:30 or 7:00 p.m. each day, without an uninterrupted break period, for a total of between fifty and fifty-five hours per week. Throughout her employment, Defendants paid Plaintiff a fixed weekly salary of $865.38, regardless of the number of hours that Plaintiff worked in a week.

Defendants willfully failed to pay Plaintiff the wages lawfully due to her under the Fair Labor Standards Act (“FLSA”) and the New York Labor Law (“NYLL”). Specifically, Defendants routinely required Plaintiff to work, and Plaintiff did in fact work, beyond forty hours in a workweek but paid her a fixed weekly salary regardless of how many hours she worked per day or per week, and thus failed to compensate her at the statutorily-required overtime rate for any hours that she worked per week in excess of forty, in violation of the FLSA’s and the NYLL’s overtime provisions. Furthermore, also in violation of the NYLL, Defendants failed to provide Plaintiff with accurate wage statements on each payday throughout her employment or with an accurate wage notice at the time of her hire.

Defendants paid and treated all their non-managerial employees in the same manner. 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 Borrelli & Associates, P.L.L.C. as soon as possible through one of our websites, www.employmentlawyernewyork.com or www.516abogado.com, or by phone: (516) 248–5550, (516) ABOGADO, or (212) 679–5000.