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

Johnson v. Best Bev LLC; Index No.3:24-cv-01260 (BKS-ML)

On October 15, 2024, Johnson (“Plaintiff” or “Johnson”), on behalf of himself, individually, and on behalf of all others similarly situated, as class representative, by and through his attorneys, BORRELLI & ASSOCIATES, P.L.L.C., as and for his Complaint against Best Bev LLC (“Defendant”), alleges upon knowledge as to himself and his own actions and upon information and belief as to all other matters as follows:

Plaintiff has worked for Defendant – – a United States Virgin Islands Limited Liability Corporation with its principal executive office in St. Thomas, Virgin Islands, US and registered to do business in New York – from January 5, 2024 to the present as a Processing Tech.  At all times during the course of his employment, the Defendant requires Plaintiff to perform manual labor for at least 25% of his duties.  As described below, for the duration of his employment and for at least the six-year period pre-dating the commencement of this action, plus an additional 228 days pursuant to Governor Andrew M. Cuomo’s executive tolling orders (“the Relevant Period”), Defendant unlawfully failed to pay Plaintiff, a manual laborer, and all other similarly situated employees, all of his earned wages on at least as frequently as a weekly basis, and instead paid him every two weeks, in violation of Section 191(1)(a) of the New York Labor Law (“NYLL”).  At all relevant times, Defendant has compensated Plaintiff and all other workers whose duties required them to perform manual labor for at least 25% of their work (“Manual Workers”) in New York on a bi-weekly basis, and as such Defendant has failed to provide timely and proper wages to Plaintiff and all other Manual Workers in New York. Defendants further violated the New York Labor Law (“NYLL”) by failing to furnish Plaintiff with proper wage statement on each payday or with any wage notice at the time of his hire, let alone an accurate statement or notice.

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.