Gittens v. 7-Eleven, Inc. Docket No.: 2:17-CV-06378

New Class and Collective Action filed in the Eastern District of New York
Gittens v. 7-Eleven, Inc. Docket No.: 2:17-CV-06378

On November 1, 2017, Plaintiff Shakeira Gittens, on behalf of herself and those similarly situated, filed a collective action lawsuit in United States District Court – Eastern District of New York against 7-Eleven, Inc. The complaint alleges as follows: Plaintiff worked for Defendant – – a national convenience store chain – – as an hourly employee from on or around July 23, 2015 through on or around May 19, 2017. Throughout her employment, Plaintiff worked for Defendant at three different store locations on Long Island. Until in or around mid-May of 2016, Plaintiff commonly worked over forty hours per week, and was consistently paid overtime compensation at the rate of one and one-half her regular rate of pay for all hours worked over forty. But then, beginning on or around May 20, 2016, 7-Eleven Field Consultant Jason Ferencz began managing Plaintiff’s store, as well as at least three other stores on Long Island. In his capacity as Field Consultant, although Plaintiff continued to work overtime hours each week or nearly each week, Ferencz instructed Plaintiff’s store manager, and other 7-Eleven Store Managers, to manually edit their stores’ employee time records by shaving time off of their hours worked, thereby avoiding paying them their overtime pay for many hours per week. This continued until approximately December 27, 2016, when – – to escape detection for his nefarious scheme – – Ferencz blamed Plaintiff’s store manager for the 7-Eleven time-shaving practice. Furthermore, Defendant violated the NYLL by failing to provide Plaintiff with accurate wage statements on each payday during the Relevant Time Period. Accordingly, Plaintiff brings 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 the Defendant’s violations of the FLSA. Plaintiff also brings this lawsuit as a class action pursuant to Federal Rule of Civil Procedure 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 Defendant’s violations of the NYLL and the supporting New York State Department of Labor regulations

If any person worked for the defendant named in the lawsuit during the time period of Tuesday, November 1, 2011 – present or has information that may be relevant to this case, contact the employment lawyers at Borrelli & Associates, P.L.L.C. as soon as possible through our websites, www.employmentlawyernewyork.com or www.516abogado.com, or any of our phone numbers: (516) 248-5550, (516) ABOGADO, and (212) 679-5000.