Eliacin v. Staff Pro, Inc., d/b/a Allied Universal Event Services, Civil Case No.:21-cv-00440

New Action filed in the Eastern District Of New York

Eliacin v. Staff Pro, Inc., d/b/a Allied Universal Event Services, Civil Case No.:21-cv-00440

On January 26, 2021, Plaintiff Eliacin filed a lawsuit in the United States District Court Eastern District of New York against STAFF PRO d/b/a ALLIED UNIVERSAL EVENT SERVICES (“Defendant”), alleging upon knowledge as to herself and her own actions and upon information and belief as to all other matters, as follows:

Plaintiff worked for Defendant – – a California-based corporation registered to do business in New York, which does business nationwide as a security company providing, inter alia, on-site security guards to various businesses and residences – – as a non-managerial security guard in East Elmhurst, New York, from January 2018 through August 15, 2019.  As described below, at times throughout her employment, Defendant willfully failed to pay Plaintiff the overtime wages lawfully due to her under the Fair Labor Standards Act (“FLSA”) and the New York Labor Law (“NYLL”).  Specifically, during those times, Defendant required Plaintiff to work, and Plaintiff did work, in excess of forty hours in a week, yet Defendant frequently failed to compensate Plaintiff at the statutorily-required overtime rate of one and one-half times the weighted average of her regular rates of pay for all hours that she worked in excess of forty in a week.  Instead, when Plaintiff worked over forty hours for one week, Defendant would pay Plaintiff for only forty hours of work for that week, and then for the following week, Defendant would reduce Plaintiff’s hours worked by the number of overtime hours worked in the prior week, and then pay Plaintiff’s overtime hours from the previous week at a straight time rate during that subsequent week.

Defendants further violated the NYLL by failing to: pay Plaintiff, a manual worker, all wages owed a least as frequently as on a weekly basis; provide Plaintiff with accurate wage statements on each payday; and provide Plaintiff with any wage notice at the time of hire, let alone a notice that accurately contained all of the criteria that the NYLL requires.

Defendant paid and treated all of its non-managerial security guards in a similar manner.  Accordingly, Plaintiff brought this lawsuit against Defendant pursuant to the collective action provisions of the FLSA, 29 U.S.C. § 216(b), on behalf of herself, 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 willful violations of the FLSA.  Plaintiff brought her NYLL and N.Y. Comp. Codes R. & Regs. (“NYCRR”) claims on behalf of herself, individually, and on behalf of any FLSA Plaintiff, as that term is defined below, who opt-into this action. Additionally, Plaintiff brought this lawsuit as a class action pursuant to Federal Rule of Civil Procedure (“FRCP”) 23, on behalf of herself, individually, and on behalf of all other persons similarly-situated during the applicable NYLL limitations period who suffered damages as a result of Defendants violations of the NYLL and the NYCRR.

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.