Choukroun v. Island Exterior Fabricators LLC, Civil Case No.:21-cv-4280
On July 30, 2021, Plaintiff Choukroun filed a lawsuit in the Eastern District of New York against ISLAND EXTERIOR FABRICATORS LLC (“Defendant”), alleging upon knowledge as to himself and his own actions and upon information and belief as to all other matters, as follows:
Plaintiff worked for Defendant – – a New York limited liability company based in Suffolk County that provides façade design and installation services throughout the Northeastern United States- – – as a design associate from November 12, 2018, through on or about March 12, 2020, at Defendant’s office located in Boston, Massachusetts, and then from March 13, 2020, through July 1, 2021, at Defendant’s office located in New York, New York. As described below, throughout the entirety of Plaintiff’s employment, Defendant misclassified Plaintiff as exempt and failed to pay Plaintiff the overtime wages due to him under the the Fair Labor Standards Act (“FLSA”), the New York Labor Law (“NYLL”) and the Massachusetts General Law (“MGL”). Specifically, despite performing non-exempt duties, Defendant required Plaintiff to work, and Plaintiff did work, in excess of forty hours virtually each week, yet Defendant paid Plaintiff a flat salary regardless of the total hours that Plaintiff worked in a week, and therefore did not pay Plaintiff overtime premiums for the hours that he worked over forty in a week, in violation of the overtime provisions of the FLSA, the NYLL, and the MGL. Defendant further violated the NYLL by failing to provide Plaintiff with an accurate wage statement on each payday for the time when Plaintiff worked in New York. Defendant paid and treated all of their non-managerial design associates in, at least, New York and Massachusetts in in the same manner.
Accordingly, Plaintiffs brought this lawsuit against Defendant pursuant to the collective action provision of the FLSA, 29 U.S.C. § 216(b), on behalf of himself, individually, and on behalf of all other persons similarly-situated during the applicable FLSA limitations period, who suffered damages as a result of Defendant’s violations of the FLSA. Plaintiffs also brought his claims under New York law and Massachusetts law on behalf of himself, individually, and on behalf of any FLSA Plaintiff, as that term is defined below, who opt-in to this action. Finally, Plaintiff brought this lawsuit as a class action pursuant to Federal Rule of Civil Procedure (“FRCP”) 23, on behalf of himself, individually, and on behalf of all other persons similarly-situated during the applicable NYLL and MGL limitations periods who worked for Defendant in New York and/or Massachusetts, respectively, and who suffered damages as a result of Defendant’s violations of the NYLL and the MGL and their supporting regulations.
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.
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