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Judge grants Conditional Certification of Collective Action in the Eastern District of New York | Ramirez-Marin v. JD Classic Builders Corp. and George Roth

Construction

Ramirez-Marin v. JD Classic Builders Corp. and George Roth, an individual Case No.: 1:16-cv-05584-DLI-RERAs previously reported on this website, in Ramirez-Marin v. JD Classic Builders Corp, et al., on October 6, 2016, Lead Plaintiff Ernesto Ramirez-Marin, on behalf of himself and those similarly situated, filed a class and collective action lawsuit against JD Classic Builders Corp and George Roth, individually, alleging willful violations of the Fair Labor Standards Act (“FLSA”), the New York Labor Law (“NYLL”), and the New York Comp. Codes, Rules, and Regulations (“NYCCRR”), including the failure of Defendants to compensate Plaintiff for overtime wages. The factual allegations of the case are referenced in our January 2017 blog post and are summarized as follows.

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Martinez v. Long Island Railroad Company, and Katherine Meilick, individually Case No.: 1:18-cv-03075

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New Collective Action filed in the Eastern District of New YorkMartinez v. Long Island Railroad Company, and Katherine Meilick, individually Case No.: 1:18-cv-03075

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

Restaurant Preparation

Rosario v. Baldwin Tavern Inc. d/b/a/ Kitty O’ Hara, and David Baker, individually, and Shay Leavy, individually. Docket No.: 17-cv-05879-SJF-ARLAs previously reported on this website, in Rosario v. Baldwin Tavern Inc. d/b/a/ Kitty O’ Hara, et. al., on October 6, 2017, Lead Plaintiff Mr. Rosario, on behalf of himself and those similarly situated, filed a collective action lawsuit against Baldwin Tavern Inc. d/b/a/ Kitty O’ Hara, et al. alleging willful violations of the Fair Labor Standards Act (“FLSA”), the New York Labor Law (“NYLL”), and the New York Comp. Codes, Rules, and Regulations (“NYCCRR”), including the failure of Defendants to compensate Plaintiff at the minimum wage rate and for overtime wages. The factual allegations of the case are referenced in our December 2017 blog post and are summarized as follows.

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Firm Negotiates $108,500 Settlement for Class of Laundromat Workers

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Dey and Abesamis, et al. v. Next Cleaners NY1, LLC, and Next Cleaners, LLC, and Next At 808 Columbus, Inc., and Kam Saifi, individually, and George Inakavadze, individually, and Alekey Berezov, individually, Case No: 17-cv-2049, Southern District of New York

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$142,500.00 - Tejada v. Park Sanford Owners Corp. and Impact Real Estate Management, Inc., Case No: 17-cv-4523, Eastern District of New York

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Tejada v. Park Sanford Owners Corp. and Impact Real Estate Management, Inc., Case No: 17-cv-4523, Eastern District of New York$142,500.00 - Action for Overtime Compensation and Retaliation - Firm represented an on-site superintendent against his former employer, a shareholder-owned residential apartment co-operative and its management company. The complaint in this matter alleged that Defendants required Plaintiff to work in excess of forty hours each week, yet Defendants failed to compensate Plaintiff at any rate of pay, let alone at the statutorily-required rate of time and one-half his regular rate of pay for any overtime hours. Thus, Defendants violated the Fair Labor Standards Act (“FLSA”) by failing to pay Plaintiff overtime wages legally due to him. Furthermore, the complaint alleged that Plaintiff regularly complained about his intense workload and lack of overtime pay. In response, Defendants retaliated against Plaintiff by increasing his workload and requiring him to pay any staff that Defendants hired to assist him and to purchase many supplies for the building’s repairs out of his own pay. Thus, Defendants violated the New York Labor Law by unlawfully deducting expenses from Plaintiff’s wages through separate transactions. Finally, when Plaintiff became unable to continue paying others to help him with his work, Defendants increased their retaliation by excessively disciplining Plaintiff and threatening to evict him and his family from their apartment in the building in which Defendants required that Plaintiff live to perform his job duties. Subsequently, Plaintiff was forced to separate his employment, resulting in his constructive discharge in further violation of the FLSA. After negotiation, the case culminated in a settlement in the amount of $142,500.00. Michael J. Borrelli, Alexander T. Coleman, and Michael R. Minkoff handled the matter on behalf of the Firm.

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Judge grants Conditional Certification of Collective Action in the Southern District of New York Docket No.: 17-cv-8484-VB

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Judge grants Conditional Certification of Collective Action in the Southern District of New YorkEscamilla v. Morano Landscape Garden Designs, Ltd., and Rosina Morano Sagliocco, individually Docket No.: 17-cv-8484-VB

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Sealock v. Covance Market Access Services, Inc. Case No.:1:17-cv-05857

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Judge grants Conditional Certification of Collective Action in the Southern District of New York.Sealock v. Covance Market Access Services, Inc.  Case No.:1:17-cv-05857

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DeFrancesco v. Mirador Real Estate, LLC Case No.: 1:18-cv-04032

Apartment For Rent

New Collective Action filed in the Southern District of New YorkDeFrancesco v. Mirador Real Estate, LLC Case No.: 1:18-cv-04032

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Judge grants Conditional Certification of Collective Action in the Northern District of Texas

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Judge grants Conditional Certification of Collective Action in the Northern District of TexasLo v. XPO Logistics-SC of Texas, LLC, and XPO Logistics, Inc. Case No: 4:17-cv-674

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Alvarado and Alvarado v. 2000 Auto Sales, Inc. d/b/a Smith Haven Chrysler Jeep Dodge Ram, and Chris Markakis, individually Case No.: 2:18-cv-02370

Discrimination

New Collective Action filed in the Eastern District of New YorkAlvarado and Alvarado v. 2000 Auto Sales, Inc. d/b/a Smith Haven Chrysler Jeep Dodge Ram, and Chris Markakis, individually Case No.: 2:18-cv-02370

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Judge Grants Conditional Certification of Collective Action in the Southern District of New York Esperanza v. Dyckman Bar, Corp. et al Case No.: 1:17-CV-08766

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As previously reported on this website, in Esperanza v. Dyckman Bar, Corp. et al, on November 10, 2017, Lead Plaintiff Ms. Esperanza, on behalf of herself and those similarly situated, filed a class and collective action lawsuit in United States District Court – Southern District of New York against her employer, Dyckman Bar, Corp. and Jose F. Galeas alleging willful violations of the Fair Labor Standards Act ("FLSA"), the New York Labor Law (“NYLL”) and the New York Codes, Rules, and Regulations (“NYCRR) including, but not limited to the failure of Defendants to compensate Plaintiff for overtime wages. The factual allegations of the case are referenced in our November 2017 blog post and are summarized as follows:

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Rafique v. Isham Broadway Pharmacy, Inc., and Satyanarayana Nekkanti, individually Case No.: 1:18-cv-02801

Pharma

New Collective Action filed in the Southern District of New YorkRafique v. Isham Broadway Pharmacy, Inc., and Satyanarayana Nekkanti, individually Case No.: 1:18-cv-02801

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Liberty v. Northwell Health, Inc. d/b/a North Shore University Hospital Case No.: 2:18-cv-01633

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New Collective Action filed in the Eastern District of New YorkLiberty v. Northwell Health, Inc. d/b/a North Shore University Hospital Case No.: 2:18-cv-01633

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Case Update: Brown v. Michael Della Vecchia & Son Inc. et al.,(Case No.: 1:17-CV-06094) Judge grants Conditional Certification of Collective Action in the Eastern District of New York

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As previously reported on this website, in Brown v. Michael Della Vecchia & Son Inc. et al.,(Case No.: 1:17-CV-06094) on October 18, 2017, Lead Plaintiff Mr. Brown, on behalf of himself and those similarly situated, filed a class and collective action lawsuit in United States District Court – Eastern District of New York against Michael Della Vecchia & Son Inc., and Anthony Della Vecchia, individually, alleging willful violations of the Fair Labor Standards Act ("FLSA") and the New York Labor Law (“NYLL”) including, but not limited to the failure of Defendants to pay overtime wages. The factual allegations of the case are referenced in our October 2017 blog post and are summarized as follows. 

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Unpaid Wages Case Update (Docket No.: 17-CV-5041) Judge grants Conditional Certification of Collective Action in the Eastern District of New York

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Judge grants Conditional Certification of Collective Action in the Eastern District of New YorkAs previously reported on this website, in Henry v. Prishtina Construction Designs, Inc., on August 25, 2017, Lead Plaintiff Mr. Henry, on behalf of himself and those similarly situated, filed a class and collective action lawsuit in United States District Court – Eastern District of New York against Prishtina Construction Designs, Inc., and Flamur Prishtina, individually, alleging willful violations of the Fair Labor Standards Act ("FLSA") including, but not limited to the failure of Defendants to pay overtime wages. The factual allegations of the case are referenced in on our New York employment lawyer court decisions page and are summarized as follows:

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Smajlaj v. Pritchard Industries, Inc. Case No.: 1:18-cv-02243

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New Collective Action filed in the Southern District of New YorkSmajlaj v. Pritchard Industries, Inc. Case No.: 1:18-cv-02243

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Guzman-Reina v. ABCO Maintenance, Inc., and James Virga, individually, Thomas Virga, individually, and Pete Ghazarian, individually Case No.: 17-cv-01299

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Judge grants Conditional Certification of Collective Action in the Eastern District of New YorkGuzman-Reina v. ABCO Maintenance, Inc., and James Virga, individually, Thomas Virga, individually, and Pete Ghazarian, individually. Case No.: 17-cv-01299

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Aquino v. Joseph’s Auto Center, Inc., and Carl Bucalo, individually Case No.: 18-cv-2009

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New Collective Action filed in the Southern District of New YorkAquino v. Joseph’s Auto Center, Inc., and Carl Bucalo, individually Case No.: 18-cv-2009

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Ramirez v. El Potrero Sport Bar, Inc. Case No.: 18-cv-964

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New Collective Action filed in the Eastern District of New YorkRamirez v. El Potrero Sport Bar, Inc. Case No.: 18-cv-964

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Peña v. Burnside Food Corp. d/b/a C-TOWN SUPERMARKETS (“C-Town”) and George Guzman, individually Case No.: 18-cv-01687

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New Collective Action filed in the Southern District of New YorkPeña v. Burnside Food Corp. d/b/a C-TOWN SUPERMARKETS (“C-Town”) and George Guzman, individually  Case No.: 18-cv-01687

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