General Employment Law

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.

Published by
Borrelli & Associates

Recent Posts

Are Workplace Dress Codes Legal in New York?

In New York, many employers still enforce dress codes, even in today’s more casual work…

1 day ago

Understanding the Rights of Gig Economy Workers Under New York Employment Law

The gig economy has changed the way many people in New York earn a living.…

4 weeks ago

Are Workplace Confidentiality Agreements Enforceable in New York?

Confidentiality agreements have become a standard part of many workplaces. Employers often use them to…

1 month ago

What Are the Legal Requirements for Employee Drug Testing in New York?

Employee drug testing can be a complicated issue in New York. If you're an employer…

2 months ago

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

Romero v. Frame Auto Collision Inc. and Jesus Pagan, individually, Docket No.: 24-cv-1998 (JMA)(ARL) Plaintiff,…

2 months ago

How Are Whistleblowers Protected Under New York Law?

Speaking up about wrongdoing at work takes courage. Whistleblowers often face backlash for exposing illegal…

2 months ago