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Chinedu Dike v. S & L Birchwood Realty, LLC, d/b/a Apex Rehabilitation Care Center, Exclusive Nursing Staff Inc., and Atlantic Care Services LLC, Case No. 15-cv-04623

Chinedu Dike v. S & L Birchwood Realty, LLC, d/b/a Apex Rehabilitation Care Center, Exclusive Nursing Staff Inc., and Atlantic Care Services LLC, Case No. 15-cv-04623

On August 6, 2015, Lead Plaintiff Chinedu Dike, on behalf of himself and those similarly situated, filed a class and collective action employment lawsuit in the United States District Court – Eastern District of New York vs. S & L Birchwood Realty, LLC d/b/a Apex Rehabilitation Care Center, Exclusive Nursing Staff Inc., and Atlantic Care Services LLC. The complaint alleges as follows: Mr. Dike continuously worked for Apex from April 2011 to April 2015 (except during the time period from February 2013 to November 2013) as a nurse at Apex’s residential care facility. Plaintiff worked approximately fifty-four hours per week, approximately every other week. Defendant Apex failed to properly compensate Plaintiff for each and every shift that Plaintiff was scheduled to work as a “charge nurse” pursuant to the terms and conditions of his employment. Defendants failed to pay Plaintiff the proper overtime compensation at the statutorily-required overtime rate of pay for any hour that they worked per week over forty hours as the New York Labor Law, New York Compensation Codes Rules and Regulations, and the Federal Fair Labor Standards Act require. In addition, Defendants failed to furnish Plaintiffs with accurate wage statements on each payday, or with proper wage notices on an annual basis as required by the New York Labor Law.

If any person worked for the defendants named in the lawsuit during the time period of August 6 2009 – present or has information that may be relevant to this case, contact Borrelli & Associates, P.L.L.C. or by phone: (516) 248-5550, (516) ABOGADO, and/or (212) 679-5000.

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