Radman, v. ELC Beauty, LLC, Civil Case No: 20-cv-4017.

New Action filed in the Southern District of New York

Radman, v. ELC Beauty, LLC, Civil Case No: 20-cv-4017.

On May 22, 2020, Plaintiff Radman filed a lawsuit in the United States District Court Southern District of New York against ELC BEAUTY, LLC (“Defendant”) alleging as follows:

Plaintiffs worked for Defendants – – an affiliate of Estée Lauder Inc., an international beauty and cosmetics brand- – as a non-exempt retail boutique manager in one of Defendant’s brick-and mortar Manhattan stores, “By Kilian Cosmetics & Fragrances”- -which was previously owned and operated by “By Kilian Retail New York LLC” (“Kilian”), a limited liability company that dissolved as a result of its merger with Defendant- -from approximately August 1, 2011 until the end of his employment of August 16, 2019.  Throughout his employment, but as is relevant herein due to operation of applicable tolling agreements, from on or about October 25, 2013 through the end of his employment (“The Relevant Period”), Kilian and then Defendant willfully failed to pay Plaintiff the overtime wages lawfully due to him under the FLSA and the NYLL.  Specifically, during the Relevant Period, first Kilian and then Defendant required Plaintiff to work, and Plaintiff did in fact work, in excess of forty hours during many weeks, yet Kilian and Defendant failed to pay Plaintiff at the rate of one and one-half times his regular rate of pay for any hours that he worked each week in excess of forty.  Instead, Kilian and then Defendant Paid plaintiff a flat salary solely intended to compensate him for his first forty hours plus commissions, and later at an hourly rate for up to forty hours of work each week plus sales commissions, and never anything for any hours beyond those first forty, despite Plaintiff never supervising two or more full-time employees or their equivalent, and thereby at all times remaining entitled to receive overtime compensation.

Defendants further violated the NYLL by failing to provide Plaintiff with accurate wage statements on each payday or with any wage notice upon hire.  Making matters worse, after Plaintiff complained about Defendant requiring him to work “extra hours” without pay and about refusing to provide him with mandatory lunch breaks, Defendant retaliated by issuing Plaintiff written discipline and subsequently terminating Plaintiff’s employment, in violation of the NLYY.

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.