Spirio v. King-O’Rourke Cadillac, Inc, Index No.:204140/2022

New Action filed in the Supreme Court of the State of New York County of Suffolk

On October 27^th, 2022, Plaintiff Spirio, by and through her attorneys, BORRELLI & ASSOCIATES, P.L.L.C., as and for her Complaint against KING-O’ROURKE CADILLAC, INC. (“Defendant”) alleges upon knowledge as to herself and her own actions and upon information and belief as to all other matters, as follows:

Plaintiff, who suffers from epilepsy, worked for Defendants – – a Delaware corporation that operates that operates a Suffolk County-based automobile dealership – – from July 15^th, 2020, until September 16^th, 2020, as a service associate. Throughout Plaintiff’s employment, Defendant failed to pay Plaintiff her wages in full in a timely manner and/or her overtime wages lawfully due to her under the New York Labor Law (“NYLL”), and the N.Y. Comp. Codes R. & Regs. (“NYCRR”). Additionally, in further violation of the NYLL, Defendants failed to provide Plaintiff with any wage statements on each payday that accurately listed, inter alia her actual hours worked, her overtime rate and all overtime wages owed for that week.  Furthermore, Defendant discriminated against Plaintiff, on the basis of her disability, by refusing to accommodate Plaintiff’s requests for consistently scheduled breaks throughout her workday, as well as access to a break room, and instead abruptly changed her schedule, increased her hours, required her to work eight- or nine-hour shifts without any breaks, violating the New York State Human Rights Law (“NYSHRL”). Matters became worse, when Plaintiff’s disability was exacerbated by these work conditions, rather than granting Plaintiff these reasonable accommodations, Defendant instead terminated her 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.