Hiciano v. Joyeria Elizabeth I, Corporation et al Civil Case No.:21-cv-4508-VEC

Judge grants Conditional Certification of Collective Action in the Southern District of New York

Hiciano v. Joyeria Elizabeth I, Corp., and Joyeria Elizabeth II, Corp., and Joyeria Elizabeth III, Corp., and Joyeria Elizabeth IV, corp., and Thomas Izaquirre, individually, and Michelle Izaquirre, individually, Civil Case No.:21-cv-4508-VEC

As previously reported on this website, in Duran v. R&L Interior Renovations and Construction, Corp., and Luis Fermin, individually; Case Number:20-cv-9344, on

As previously reported on this website, in Hiciano v. Joyeria Elizabeth I, Corp., and Joyeria Elizabeth II, Corp., and Joyeria Elizabeth III, Corp., and Joyeria Elizabeth IV, corp., and Thomas Izaquirre, individually, and Michelle Izaquirre, individually, Civil Case No.:21-cv-4508, on June 10, 2021, Lead Plaintiff, Mr. Hiciano, on behalf of himself, 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 JOYERIA ELIZABETH I, CORP., and JOYERIA ELIZABETH II, CORP., and JOYERIA ELIZABETH III, CORP., and JOYERIA ELIZABETH IV, CORP., (all four, collectively, as “Joyeria Elizabeth”), and THOMAS IZAQUIRRE, individually, and MICHELLE IZAQUIRRE, individually (together, with Joyeria Elizabeth, as “Defendants”), alleging violations of the Fair Labor Standards Act (“FLSA”), the New York Labor Law (“NYLL”), and the New York Comp. Codes, Rules, and Regulations (“NYCCRR”), including the failure of Defendants to compensate Plaintiff for overtime wages. The claims of the case are referenced in our June 2021 blog post and are reviewed as follows:

• Plaintiff worked for Defendants – – four New York corporations that operate as a single enterprise to run three Manhattan-based pawn shops, and the enterprise’s two owners and day-to-day overseers – – as a sales clerk from June 2013 to December 18, 2020;
• Throughout his employment, but as is relevant herein, for at least the six-year and two hundred and twenty-eight day period pre-dating the commencement of this action (‘the relevant period’), all of which falls within the NYLL’s statutory limitations period due to Governor Andrew M. Cuomo’s executive tolling orders, Defendants willfully failed to pay Plaintiff the overtime wages lawfully due to him under the FLSA and the NYLL;
• Defendants routinely required Plaintiff to work, and Plaintiff did work, in excess of forty hours virtually every week,
• Defendants paid Plaintiff on an hourly basis at his regular rate of pay for all hours worked, including those hours that he worked in a week in excess of forty, and thus did not pay him at the overtime rate of one and one-half times his regular rate of pay for any hours that he worked over forty in a week;
• Defendants paid and treated all their non-managerial employees in the same manner.

Defendants violated Plaintiff’s rights guaranteed to him by the overtime provisions of the FLSA, the NYLL and the NYCCRR. Additionally, Defendants violated the NYLL by failing to provide Plaintiff with any wage statement on each payday, let alone a statement that accurately listed, inter alia, his actual hours worked and his overtime rates and overtime wages owed.

Certification of Collective Action

In this case, pursuant to the request of the Plaintiff, the Judge reviewed claims that the Plaintiff brought forward alleging that there are additional workers in the same “class” (performing the same or similar duties) whose rights have been violated. On December 1, 2021, Plaintiffs’ motion for approval of a collection action was granted, allowing the case to proceed as a collective action enabling any current and former employees who were not paid properly to join the lawsuit and seek redress for Defendants’ failure to compensate them in accordance with the law.

If you or a person you know worked for the Defendants named in the lawsuit during the time period of October 3, 2014 – present or has information that may be relevant to this case, contact Borrelli & Associates, P.L.L.C. as soon as possible through one of our websites, www.employmentlawyernewyork.com, www.516abogado.com or any of our phone numbers: (516) 248-5550, (516) ABOGADO, and (212) 679-5000.

• READ COURT AUTHORIZED NOTICE OF LAWSUIT (ENGLISH)
• READ COURT AUTHORIZED NOTICE OF LAWSUIT (SPANISH)