New Collective Action filed in the Eastern District of New York
Yoselin Del Rosario Lopez De Paz v. Troy Nurseries, Inc., et al. Docket No: 17-cv-6622-LDW-ARL
On November 13, 2017, lead Plaintiff Yoselin Del Rosario Lopez De Paz, on behalf of herself and those similarly situated, filed a collective action lawsuit in the United States District Court – Eastern District of New York against Troy Nurseries, Inc., et al. The complaint alleges as follows: Plaintiff worked for Defendants from May 1, 2017 through September 15, 2017. Throughout the entirety of her employment, Defendants willfully failed to pay Plaintiff the wages lawfully due to her under the Fair Labor Standards Act (“FLSA”). Specifically, Defendants required Plaintiff to work beyond forty hours each workweek, but paid Plaintiff at the same hourly rate for all hours that she worked per week including those in excess of forty, and thus failed to compensate Plaintiff at the statutorily-required overtime rate for any hours that she worked per week in excess of forty. Furthermore, Defendants, without Plaintiff’s express written authorization, made an unlawful deduction from one of Plaintiff’s weekly paychecks in violation of the NYLL. Defendants also violated the New York Labor Law (“NYLL”) by failing to pay Plaintiff, a manual laborer, on one instance, all of her wages owed on at least as frequently as a weekly basis. Moreover, Defendants failed to pay Plaintiff timely wages after Defendants terminated her employment in violation of the NYLL. Finally, Defendants failed to provide Plaintiff with accurate wage statements on all paydays, nor did they provide Plaintiff with any wage notice, let alone an accurate one, at the time of hire, as the NYLL requires. Additionally, Plaintiff brings this lawsuit against Defendants 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 Defendants’ willful violations of the FLSA.
If any person worked for the Defendants named in the lawsuit during the time period of November 13, 2011 – present or has information that may be relevant to this case, contact Borrelli & Associates, P.L.L.C. as soon as possible through our website, www.employmentlawyernewyork.com, or any of our phone numbers: (516) 248-5550, (516) ABOGADO, or (212) 679-5000.