Moronta v. Kankeshwar, LLC d/b/a Yankee Clipper Motor Inn, and Barry Patel, individually, Civil Case No.:22-cv-01022-JMA-SIL

New Action filed in the Eastern District of New York

Moronta v. Kankeshwar, LLC d/b/a Yankee Clipper Motor Inn, and Barry Patel, individually, Civil Case No.:22-cv-01022-JMA-SIL 

On February 25, 2022, Plaintiff Moronta filed a lawsuit in the Eastern District of New York against KANKENSHWAR LLC d/b/a YANKEE CLIPPER MOTOR INN (“Yankee Clipper”), and BARRY PATEL, individually (collectively, where appropriate as “Defendants”), 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 Defendants – – a New York limited liability company that operates a Nassau County-based motel and its owner, and day-to-day overseer- – – as a housekeeper from in or around December 2009 through the present.  As described below, as is relevant herein, for the six-year period pre-dating the commencement of this action, plus any applicable tolling period pursuant to Governor Andrew M. Cuomo’s Executive Orders, through the end of October 2021 (“the Relevant Period”), Defendants willfully failed to pay Plaintiff the overtime wages lawfully due to her under the Fair Labor Standards Act (“FLSA”), the New York Labor Law (“NYLL”).  Specifically, throughout the Relevant Period, Defendants routinely required Plaintiff to work, and Plaintiff did work, in excess of forty hours each workweek, or virtually each workweek, yet Defendants paid Plaintiff on an hourly basis, at her regular rate of pay, for all hours that she worked in a week, and thus not at the statutorily-required rate of one and one-half times her regular rate for any hours that Plaintiff worked in a week over forty.  Defendants further violated the NYLL by failing to provide Plaintiff with any wage notice upon her hire, let alone an accurate one, or throughout the Relevant Period, with any wage statement on each payday, let alone an accurate one.  Defendants paid and treated all of their non-managerial hourly employees in this 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 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 violations of the FLSA.  Plaintiffs also brought her claims under the NYLL and the NYCRR on behalf of herself, individually, and on behalf of any FLSA Plaintiff, as that term is defined below, who opt-in to 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.