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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

New Action filed 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 

On May 19, 2021, Plaintiff Hiciano filed a lawsuit in the 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 upon knowledge as to himself and his own actions and upon information and belief as to all other matters, 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 sales clerk from June 2013 to December 18, 2020.  As described below, 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 New York Labor Law’s (“NYLL”) 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 Fair Labor Standards Act (“FLSA”) and the NYLL.  Specifically, during at least that period, Defendants routinely required Plaintiff to work, and Plaintiff did work, in excess of forty hours virtually every week.  However, 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 hm 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 further 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.

Defendants paid and treated all of their non-managerial employees in the same manner.  Accordingly, Plaintiff brought this lawsuit against Defendants 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.  Plaintiff also brought his claims under New York law on behalf of himself, individually, and on behalf of any FLSA Plaintiff, as that term is defined below, who opts into this action.

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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