Flores v. MVN Realty, LLC, and James Dimitraiades, individually; Index No.:23-cv-01871

New Action filed in the United States District Court Eastern District of New York

On March 10, 2023, Plaintiff Flores, by and through his attorneys, BORRELLI & ASSOCIATES, P.L.L.C., as and for his Complaint against MVN REALTY, LLC (“MVN”), and JAMES DIMITRIADES, individually, (together as “Defendants”), alleges upon knowledge as to himself and his own actions, and upon information and belief as to all other matters, as follows:

Plaintiff worked for Defendant, – – a New York limited liability company that owns and manages various residential apartment buildings, and one of its owners and day-to-day overseers – – at the approximately eighty-nine-unit residential building located 1901 84th Street, Brooklyn, New York 11214 (“the Building”), as the Building’s superintendent, from June 2018 through September 19, 2022.  Throughout Plaintiff’s employment, but as is relevant to the Fair Labor Standards Act, for the three-year period pre-dating the commencement of this action (“the relevant FLSA Period”), Defendant willfully failed to pay Plaintiff the overtime wages lawfully due to him under the Fair Labor Standards Act (“FLSA”). Specifically, throughout the FLSA Period, Defendants routinely scheduled Plaintiff to work, and Plaintiff did work, beyond forty hours in a workweek, and also required Plaintiff to work additional unscheduled hours, yet Defendant paid Plaintiff a flat weekly salary that did not include overtime compensation at the rate of one and one-half times his regular rate for any hours that Plaintiff worked over forty in a week. Additionally, Defendants violated the New York Labor Law (“NYLL”) by, throughout his employment, failing to furnish Plaintiff with any wage statement on each payday, let alone an accurate one, and by failing to furnish Plaintiff with any wage notice at the time of his hire, let alone an accurate one. Making matters worse, in further violation of the FLSA, after Plaintiff complained to Defendants about their failure to pay him for all of the hours that he worked each week, Defendants retaliated by terminating Plaintiff’s employment.

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.