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

Judge grants Conditional Certification of Collective Action in the Eastern District of New York

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

As previously reported on this website, in Encarnacion C. Moronta v. Kankeshwar, LLC. d/b/a Yankee Clipper Motor Inn, and Barry Patel, individually, Civil Case No.: 22-cv-01022, on August 26, 2022, Lead Plaintiff, Mr. Moronta, on behalf of himself, individually, and on behalf of all others similarly-situated, filed a collective action lawsuit in the United States District Court Eastern District of New York against KANKESHWAR, LLC d/b/a YANKEE CLIPPER MOTOR INN (Yankee Clipper), and BARRY PATEL, individually (collectively, where appropriate, as “Defendants”), alleging violations of the Fair Labor Standards Act (“FLSA”), the New York Labor Law (“NYLL”), and the New York Comp. Codes, Rules, and Regulations (“NYCCRR”), including the failure of Defendants to compensate Plaintiff for overtime wages.  The claims of the case are referenced in our August 26, 2022 blog post and are reviewed as follows:

• Plaintiff worked for Defendants – – a New York Limited Liability company that operate as a Nassau County- based motel, it’s owner and day-to-day overseer – – as a housekeeper from December 2009 until present;
• Throughout her employment, but as is relevant herein, for at least 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 Plaintiff’s employment (“The Relevant Period”), Defendants willfully failed to pay Plaintiff overtime wages lawfully due to her under the FLSA, the NYLL, and the NYCRR;
• Specifically, Defendants routinely required Plaintiff to work, and Plaintiff did work, more than forty hours in a workweek, but Defendants failed to compensate her at the statutorily required overtime rate of one and one-half times his regular rate of pay for all hours that he worked per week in excess of forty;
• Instead, Defendants paid Plaintiff on an hourly basis at his regular rate of pay for all hours of work, including those hours that she worked in a week in excess of forty;

• Defendants paid and treated all their non-managerial laborers in the same manner.

Defendant violated Plaintiff’s rights guaranteed to her by the overtime provisions of the FLSA, the NYLL and the NYCCRR.  Additionally, Defendant violated the NYLL by by failing to provide Plaintiff with any wage notice upon her hire or throughout the relevant period; and provide Plaintiff with an accurate wage statement on each payday.

Certification of Collective Action

In this case, pursuant to the request of the Plaintiff, the Judge reviewed claims that the Plaintiff brought forward alleging that there are additional workers in the same “class” (performing the same or similar duties) whose rights have been violated.  On August 1, 2022, Plaintiffs’ motion for approval of a collection action was granted, allowing the case to proceed as a collective action enabling any current and former employees who were not paid properly to join the lawsuit and seek redress for Defendants’ failure to compensate them in accordance with the law.

If you or a person you know worked for the Defendants named in the lawsuit during the time period of February 25, 2019 – present or has information that may be relevant to this case, contact Borrelli & Associates, P.L.L.C. as soon as possible through one of our websites, www.employmentlawyernewyork.com, www.516abogado.com or any of our phone numbers: (516) 248-5550, (516) ABOGADO, and (212) 679-5000.

• READ COURT AUTHORIZED NOTICE OF LAWSUIT (ENGLISH)
• READ COURT AUTHORIZED NOTICE OF LAWSUIT (SPANISH)