On October 31, 2024, Plaintiff Vaughan and Taveras, on behalf of themselves, individually, and on behalf of all others similarly-situated, as class representatives except where otherwise stated, (collectively as “FLSA Plaintiffs”), by and through their attorneys, BORRELLI & ASSOCIATES, P.L.L.C., as and for their Complaint against LEARNING CARE GROUP. INC. (“LCG”) and EVERBROOK ACADEMY, LLC (“Everbrook”) (collectively, “Defendants”), alleges upon knowledge as to themselves and their own actions, and upon information and belief as to all other matter, as follows:
Plaintiff Vaughn worked for Defendants – – two Michigan businesses authorized to do business in New York, which together operate a chain of early learning centers – – as a head teacher at Everbrook Academy location in Glen Head, New York from August 2022 until October 31, 2022. Plaintiff Taveras worked for Defendants as an assistant teacher, also at Defendants’ Everbrook Academy location in Glen Head, New York from June 27, 2022 through November 4, 2022. At all times during the course of their employment, the Defendants required Plaintiffs to perform manual labor for at least 25% of their duties, including, but not limited to, changing diapers, serving and cleaning up food and bottles, cleaning and preparing the classroom, and dressing and undressing babies and toddlers. As described below, for the duration of their 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”), Defendants unlawfully failed to pay Plaintiffs and all other similarly situated employees whose duties required them to perform manual labor for at least 25% of their work, all of their earned wages on at least as frequently as a weekly basis, and instead paid them every two weeks, in violation of Section 191 (1)(a) of the New York Labor Law (“NYLL”). At all relevant times, Defendants have compensated Plaintiffs 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 Defendants have failed to provide timely and proper wages to Plaintiffs and all other Manuel Workers in New York. Defendants further violated the NYLL, Section 740, with respect to Plaintiffs Vaughan and Taveras, individually, by terminating their employment mere days after they engaged in protected activity by reporting serious violations of the New York Codes, Rules and Regulations (“NYCRR”) concerning children’s safety, first internally, and then with the New York State Office of Children and Family Services (“OCFS”).
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.
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