throbber
Case 1:21-cv-07826-AJN Document 1 Filed 09/18/21 Page 1 of 31
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`Plaintiff,
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`Civil Action No.
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`COMPLAINT AND
`JURY TRIAL DEMAND
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`UNITED STATES DISTRICT COURT
`SOUTHERN DISTRICT OF NEW YORK
`-----------------------------------------------------------------x
`HITENDRASINH PARMAR,
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`-against-
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`FULTON FAMILY PHARMACY INC., GS
`PHARMACY LLC, WELLCARE PHARMACY
`LLC, DILIP LAVANI, GITA LAVANI,
`and JOHN DOE(S) 1-10,
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`Defendants.
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`-----------------------------------------------------------------x
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`
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`Plaintiff HITENDRASINH PARMAR (“Plaintiff”), by his attorneys, Braverman, PLLC,
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`as and for his Complaint against defendants FULTON FAMILY PHARMACY INC. (“FFPI”),
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`GS PHARMACY LLC (“GSP”), WELLCARE PHARMACY LLC (“Wellcare”), DILIP
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`LAVANI (“D. Lavani”), GITA LAVANI (“G. Lavani”), and JOHN DOE(S) 1-10 (individually
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`and collectively, “Defendants”), respectfully alleges as follows:
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`NATURE OF THE ACTION
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`1.
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`Plaintiff brings this action to recover: (a) wages and overtime compensation that
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`Defendants failed to pay in violation of the Fair Labor Standards Act, 29 U.S.C. §§ 201, et seq.
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`(“FLSA”), the New York Labor Law, as amended, (“NYLL”) and related regulations, the New
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`Jersey Wage Payment Law, as amended, N.J.S.A. § 34:11-4.1, et seq. (“NJWPL”) and related
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`regulations, and the New Jersey Wage and Hour Law, as amended, N.J.S.A. § 34:11-56a, et seq.
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`(“NJWHL”) and related regulations; (b) wages earned in accordance with the agreed terms of
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`employment that Defendants failed to pay in violation of the NYLL and related regulations and
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`NJWPL and related regulations; (c) spread of hours pay that Defendants failed to pay in violation
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`of the NYLL and related regulations; (d), unlawful wage deductions in violation of the NYLL
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`1
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`Case 1:21-cv-07826-AJN Document 1 Filed 09/18/21 Page 2 of 31
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`and related regulations and NJWPL and related regulations; and (e) damages to remedy
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`Defendants’ notice and record keeping violations of the NYLL and related regulations; (f) wages
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`earned in accordance with the agreed terms of employment that Defendants failed to pay in
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`breach of the parties’ agreement; and (g) damages to remedy Defendants’ unlawful retaliation in
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`violation of the FLSA, NYLL, NJWPL, and JNWHL, and related regulations.
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`2.
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`Defendants engaged in illegal and improper wage practices, including, but not
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`limited to: unlawfully failing to pay Plaintiff earned wages and other monies unequivocally due
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`to him for services he rendered for Defendants as their employee; unlawfully failing to pay
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`Plaintiff at the prevailing minimum wage and/or at their agreed upon rate for all hours worked
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`under forty (40) hours per work week and overtime at a rate of one and one-half their regular rate
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`of pay for all hours worked in excess of forty (40) hours per work week; failing to pay Plaintiff
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`spread of hours pay; making unlawful and improper wage deductions; failing to provide accurate
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`wage statements; and unlawfully retaliating against Plaintiff for complaining about Defendants’
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`unlawful employment practices and for not being properly compensated.
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`Plaintiff
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`THE PARTIES
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`3.
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`Plaintiff is an adult natural person who is a citizen of India, who is domiciled in
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`India, and who resides in India. At all relevant times, Plaintiff was a non-exempt employee
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`within the meaning of the FLSA, NYLL and related regulations, NJWPL and related regulations,
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`and NJWHL and related regulations. As such, Plaintiff is entitled to be paid in full for all hours
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`worked.
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`2
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`Case 1:21-cv-07826-AJN Document 1 Filed 09/18/21 Page 3 of 31
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`4.
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`Plaintiff was employed by Defendants and worked for Defendants from in or
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`about February 2018 to on or about September 21, 2019, at Defendants’ locations in New York
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`and New Jersey.
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`5.
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`Plaintiff is a covered employee within the meaning of the FLSA, NYLL and
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`related regulations, NJWPL and related regulations, and NJWHL and related regulations, as
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`applicable.
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`6.
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`At all times relevant to this action, Plaintiff was engaged in commerce and/or the
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`production of goods for commerce with the meaning of 29 U.S.C. §§ 206(a) and 207(a).
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`7.
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`During the time that Plaintiff was employed by and worked for Defendants,
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`Plaintiff resided in New Jersey.
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`Defendant Fulton Family Pharmacy Inc.
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`8.
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`Upon information and belief, FFPI is a New York corporation with its principle
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`place of business located at 98 East Broadway, Floor 1, New York, NY 10002.
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`9.
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`10.
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`Upon information and belief, FFPI is domiciled in New York.
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`At all times relevant to this action, FFPI has been a covered employer within the
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`meaning of the FLSA, NYLL and related regulations, NJWPL and related regulations, and
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`NJWHL and related regulations, as applicable, and employed and/or jointly employed Plaintiff.
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`11.
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`Throughout the relevant period, FFPI employed Plaintiff within the meaning of
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`the FLSA, NYLL and related regulations, NJWPL and related regulations, and NJWHL and
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`related regulations, as applicable.
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`12.
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`FFPI had substantial control over Plaintiff’s working conditions and the unlawful
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`policies and practices alleged herein.
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`3
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`Case 1:21-cv-07826-AJN Document 1 Filed 09/18/21 Page 4 of 31
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`13.
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`At all times relevant to this action, FFPI maintained control, oversight, and
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`direction over Plaintiff, including, but not limited to, timekeeping, payroll, how Plaintiff was
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`compensated, and other employment practices that applied to Plaintiff.
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`14.
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`Upon information and belief, at all times relevant to this action, FFPI’s annual
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`gross volume of sales made or business done was not less than $500,000.
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`15.
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`At all times relevant to this action, FFPI was an employer engaged in commerce
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`and/or the production of goods for commerce with the meaning of 29 U.S.C. §§ 206(a) and
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`207(a).
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`16.
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`FFPI is the employer identified on Plaintiff’s W-2 forms.
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`Defendant GS Pharmacy LLC
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`17.
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`Upon information and belief, GSP is a New York limited liability company with
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`its principle place of business located at 1932 Nostrand Avenue, Brooklyn, NY 11210.
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`18.
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`19.
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`Upon information and belief, GSP is domiciled in New York.
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`At all times relevant to this action, GSP has been a covered employer within the
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`meaning of the FLSA, NYLL and related regulations, NJWPL and related regulations, and
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`NJWHL and related regulations, as applicable, and employed and/or jointly employed Plaintiff.
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`20.
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`Throughout the relevant period, GSP employed Plaintiff within the meaning of
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`the FLSA, NYLL and related regulations, NJWPL and related regulations, and NJWHL and
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`related regulations, as applicable.
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`21.
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`GSP had substantial control over Plaintiff’s working conditions and the unlawful
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`policies and practices alleged herein.
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`22.
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`At all times relevant to this action, GSP maintained control, oversight, and
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`direction over Plaintiff, including, but not limited to, timekeeping, payroll, how Plaintiff was
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`4
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`Case 1:21-cv-07826-AJN Document 1 Filed 09/18/21 Page 5 of 31
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`compensated, and other employment practices that applied to Plaintiff.
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`23.
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`Upon information and belief, at all times relevant to this action, GSP’s annual
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`gross volume of sales made or business done was not less than $500,000.
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`24.
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`At all times relevant to this action, GSP was an employer engaged in commerce
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`and/or the production of goods for commerce with the meaning of 29 U.S.C. §§ 206(a) and
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`207(a).
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`Defendant Wellcare Pharmacy LLC
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`25.
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`Upon information and belief, Wellcare is a New Jersey limited liability company
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`with its principle place of business located at 693 E. 18th Street, Paterson, NJ 07501.
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`26.
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`27.
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`Upon information and belief, Wellcare is domiciled in New Jersey.
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`At all times relevant to this action, Wellcare has been a covered employer within
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`the meaning of the FLSA, NYLL and related regulations, NJWPL and related regulations, and
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`NJWHL and related regulations, as applicable, and employed and/or jointly employed Plaintiff.
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`28.
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`Throughout the relevant period, Wellcare employed Plaintiff within the meaning
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`of the FLSA, NYLL and related regulations, NJWPL and related regulations, and NJWHL and
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`related regulations, as applicable.
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`29. Wellcare had substantial control over Plaintiff’s working conditions and the
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`unlawful policies and practices alleged herein.
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`30.
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`At all times relevant to this action, Wellcare maintained control, oversight, and
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`direction over Plaintiff, including, but not limited to, timekeeping, payroll, how Plaintiff was
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`compensated, and other employment practices that applied to Plaintiff.
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`31.
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`Upon information and belief, at all times relevant to this action, Wellcare’s annual
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`gross volume of sales made or business done was not less than $500,000.
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`5
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`Case 1:21-cv-07826-AJN Document 1 Filed 09/18/21 Page 6 of 31
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`32.
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`At all times relevant to this action, Wellcare was an employer engaged in
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`commerce and/or the production of goods for commerce with the meaning of 29 U.S.C. §§
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`206(a) and 207(a).
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`Defendant Dilip Lavani
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`33.
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`Upon information and belief, D. Lavani is an individual who is domiciled in and
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`resides in the State of New Jersey.
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`34.
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`At all times relevant to this action, upon information and belief, D. Lavani was
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`the sole shareholder of FFPI.
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`35.
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`At all times relevant to this action, upon information and belief, D. Lavani was
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`one of the ten largest shareholders by beneficial interest of FFPI.
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`36.
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`At all times relevant to this action, upon information and belief, D. Lavani was
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`the principal of FFPI.
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`37.
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`At all times relevant to this action, upon information and belief, D. Lavani was
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`the founder of FFPI.
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`38.
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`At all times relevant to this action, upon information and belief, D. Lavani was
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`the Chief Executive Officer of FFPI.
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`39.
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`At all times relevant to this action, upon information and belief, D. Lavani was
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`the President of FFPI.
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`40.
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`At all times relevant to this action, upon information and belief, D. Lavani
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`maintained operational control of FFPI.
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`41.
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`At all times relevant to this action, upon information and belief, D. Lavani was a
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`person who acted in the interest of FFPI in relation to its employees.
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`42.
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`At all times relevant to this action, upon information and belief, D. Lavani
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`6
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`Case 1:21-cv-07826-AJN Document 1 Filed 09/18/21 Page 7 of 31
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`dominated the acts of FFPI and/or had the power and/or authority to act on behalf of FFPI in
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`relation to its employees.
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`43.
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`At all times relevant to this action, D. Lavani had the power and/or authority to
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`hire and fire FFPI’s employees.
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`44.
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`At all times relevant to this action, upon information and belief, D. Lavani had the
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`power and/or authority to supervise and control FFPI’s employees’ work schedules and/or
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`conditions of employment.
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`45.
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`At all times relevant to this action, upon information and belief, D. Lavani had the
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`power and/or authority to determine the rate and method of payment of FFPI’s employee’s
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`salaries.
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`46.
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`At all times relevant to this action, upon information and belief, D. Lavani had the
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`power and/or authority to maintain FFPI’s employee records.
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`47.
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`At all times relevant to this action, upon information and belief, D. Lavani
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`maintained and/or should have maintained FFPI’s employee records.
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`48.
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`At all times relevant to this action, upon information and belief, D. Lavani was a
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`member and owner of GSP.
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`49.
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`At all times relevant to this action, upon information and belief, D. Lavani was
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`the President of GSP.
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`50.
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`At all times relevant to this action, upon information and belief, D. Lavani
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`maintained operational control of GSP.
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`51.
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`At all times relevant to this action, upon information and belief, D. Lavani was a
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`person who acted in the interest of GSP in relation to its employees.
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`52.
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`At all times relevant to this action, upon information and belief, D. Lavani
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`7
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`Case 1:21-cv-07826-AJN Document 1 Filed 09/18/21 Page 8 of 31
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`dominated the acts of GSP and/or had the power and/or authority to act on behalf of GSP in
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`relation to its employees.
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`53.
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`At all times relevant to this action, D. Lavani had the power and/or authority to
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`hire and fire GSP’s employees.
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`54.
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`At all times relevant to this action, upon information and belief, D. Lavani had the
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`power and/or authority to supervise and control GSP’s employees’ work schedules and/or
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`conditions of employment.
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`55.
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`At all times relevant to this action, upon information and belief, D. Lavani had the
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`power and/or authority to determine the rate and method of payment of GSP’s employee’s
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`salaries.
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`56.
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`At all times relevant to this action, upon information and belief, D. Lavani had the
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`power and/or authority to maintain GSP’s employee records.
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`57.
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`At all times relevant to this action, upon information and belief, D. Lavani
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`maintained and/or should have maintained GSP’s employee records.
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`58.
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`At all times relevant to this action, upon information and belief, D. Lavani was a
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`member and owner of Wellcare.
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`59.
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`At all times relevant to this action, upon information and belief, D. Lavani was
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`the President of Wellcare.
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`60.
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`At all times relevant to this action, upon information and belief, D. Lavani
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`maintained operational control of Wellcare.
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`61.
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`At all times relevant to this action, upon information and belief, D. Lavani was a
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`person who acted in the interest of Wellcare in relation to its employees.
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`62.
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`At all times relevant to this action, upon information and belief, D. Lavani
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`8
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`Case 1:21-cv-07826-AJN Document 1 Filed 09/18/21 Page 9 of 31
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`dominated the acts of Wellcare and/or had the power and/or authority to act on behalf of
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`Wellcare in relation to its employees.
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`63.
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`At all times relevant to this action, D. Lavani had the power and/or authority to
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`hire and fire Wellcare’s employees.
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`64.
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`At all times relevant to this action, upon information and belief, D. Lavani had the
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`power and/or authority to supervise and control Wellcare’s employees’ work schedules and/or
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`conditions of employment.
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`65.
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`At all times relevant to this action, upon information and belief, D. Lavani had the
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`power and/or authority to determine the rate and method of payment of Wellcare’s employee’s
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`salaries.
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`66.
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`At all times relevant to this action, upon information and belief, D. Lavani had the
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`power and/or authority to maintain Wellcare’s employee records.
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`67.
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`At all times relevant to this action, upon information and belief, D. Lavani
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`maintained and/or should have maintained Wellcare’s employee records.
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`68.
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`At all times relevant to this action, upon information and belief, D. Lavani has
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`been a covered employer within the meaning of the FLSA, NYLL and related regulations,
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`NJWPL and related regulations, and NJWHL and related regulations, as applicable, and
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`employed and/or jointly employed Plaintiff.
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`69.
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`Throughout the relevant period, D. Lavani employed Plaintiff within the meaning
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`of the FLSA, NYLL and related regulations, NJWPL and related regulations, and NJWHL and
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`related regulations, as applicable.
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`70.
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`D. Lavani had substantial control over Plaintiff’s working conditions and the
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`unlawful policies and practices alleged herein.
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`9
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`Case 1:21-cv-07826-AJN Document 1 Filed 09/18/21 Page 10 of 31
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`71.
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`At all times relevant to this action, upon information and belief, D. Lavani
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`maintained control, oversight, and direction over Plaintiff, including, but not limited to,
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`timekeeping, payroll, how Plaintiff was compensated, and other employment practices that
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`applied to Plaintiff.
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`72.
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`At all times relevant to this action, upon information and belief, D. Lavani
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`orchestrated and implemented a scheme designed to deprive Plaintiff of his lawful wages.
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`73.
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`At all times relevant to this action, upon information and belief, D. Lavani used
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`the corporate form of FFPI to perpetrate a fraud and injustice against Plaintiff so as to deprive
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`him of his lawful wages.
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`74.
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`At all times relevant to this action, upon information and belief, D. Lavani and
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`FFPI were each other’s alter-egos with respect to all matters referred to herein.
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`75.
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`At all times relevant to this action, upon information and belief, D. Lavani and
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`FFPI were each other’s agents and representatives with respect to all matters referred to herein.
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`76.
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`At all times relevant to this action, upon information and belief, D. Lavani used
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`the limited liability company form of GSP to perpetrate a fraud and injustice against Plaintiff so
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`as to deprive him of his lawful wages.
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`77.
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`At all times relevant to this action, upon information and belief, D. Lavani and
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`GSP were each other’s alter-egos with respect to all matters referred to herein.
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`78.
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`At all times relevant to this action, upon information and belief, D. Lavani and
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`GSP were each other’s agents and representatives with respect to all matters referred to herein.
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`79.
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`At all times relevant to this action, upon information and belief, D. Lavani used
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`the limited liability company form of Wellcare to perpetrate a fraud and injustice against Plaintiff
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`so as to deprive him of his lawful wages.
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`10
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`Case 1:21-cv-07826-AJN Document 1 Filed 09/18/21 Page 11 of 31
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`80.
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`At all times relevant to this action, upon information and belief, D. Lavani and
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`Wellcare were each other’s alter-egos with respect to all matters referred to herein.
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`81.
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`At all times relevant to this action, upon information and belief, D. Lavani and
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`Wellcare were each other’s agents and representatives with respect to all matters referred to
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`herein.
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`82.
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`At all times relevant to this action, upon information and belief, D. Lavani and G.
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`Lavani were each other’s alter-egos with respect to all matters referred to herein.
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`83.
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`At all times relevant to this action, upon information and belief, D. Lavani and G.
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`Lavani were each other’s agents and representatives with respect to all matters referred to herein.
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`Defendant Gita Lavani
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`84.
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`Upon information and belief, G. Lavani is an individual who is domiciled in and
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`resides in the State of New Jersey.
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`85.
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`At all times relevant to this action, upon information and belief, G. Lavani was a
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`shareholder and/or owner of FFPI.
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`86.
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`At all times relevant to this action, upon information and belief, G. Lavani was a
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`principal of FFPI.
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`87.
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`At all times relevant to this action, upon information and belief, G. Lavani was an
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`officer, manager, and/or supervisor of FFPI.
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`88.
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`At all times relevant to this action, upon information and belief, G. Lavani
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`maintained operational control of FFPI.
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`89.
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`At all times relevant to this action, upon information and belief, G. Lavani was a
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`person who acted in the interest of FFPI in relation to its employees.
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`90.
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`At all times relevant to this action, upon information and belief, G. Lavani
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`11
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`Case 1:21-cv-07826-AJN Document 1 Filed 09/18/21 Page 12 of 31
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`dominated the acts of FFPI and/or had the power and/or authority to act on behalf of FFPI in
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`relation to its employees.
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`91.
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`At all times relevant to this action, G. Lavani had the power and/or authority to
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`hire and fire FFPI’s employees.
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`92.
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`At all times relevant to this action, upon information and belief, G. Lavani had the
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`power and/or authority to supervise and control FFPI’s employees’ work schedules and/or
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`conditions of employment.
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`93.
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`At all times relevant to this action, upon information and belief, G. Lavani had the
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`power and/or authority to determine the rate and method of payment of FFPI’s employee’s
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`salaries.
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`94.
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`At all times relevant to this action, upon information and belief, G. Lavani had the
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`power and/or authority to maintain FFPI’s employee records.
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`95.
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`At all times relevant to this action, upon information and belief, G. Lavani
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`maintained and/or should have maintained FFPI’s employee records.
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`96.
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`At all times relevant to this action, upon information and belief, G. Lavani was a
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`member and/or owner of GSP.
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`97.
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`At all times relevant to this action, upon information and belief, G. Lavani was a
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`principal of GSP.
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`98.
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`At all times relevant to this action, upon information and belief, G. Lavani was an
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`officer, manager, and/or supervisor of GSP.
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`99.
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`At all times relevant to this action, upon information and belief, G. Lavani
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`maintained operational control of GSP.
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`100. At all times relevant to this action, upon information and belief, G. Lavani was a
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`12
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`Case 1:21-cv-07826-AJN Document 1 Filed 09/18/21 Page 13 of 31
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`person who acted in the interest of GSP in relation to its employees.
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`101. At all times relevant to this action, upon information and belief, G. Lavani
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`dominated the acts of GSP and/or had the power and/or authority to act on behalf of GSP in
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`relation to its employees.
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`102. At all times relevant to this action, G. Lavani had the power and/or authority to
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`hire and fire GSP’s employees.
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`103. At all times relevant to this action, upon information and belief, G. Lavani had the
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`power and/or authority to supervise and control GSP’s employees’ work schedules and/or
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`conditions of employment.
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`104. At all times relevant to this action, upon information and belief, G. Lavani had the
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`power and/or authority to determine the rate and method of payment of GSP’s employee’s
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`salaries.
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`105. At all times relevant to this action, upon information and belief, G. Lavani had the
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`power and/or authority to maintain GSP’s employee records.
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`106. At all times relevant to this action, upon information and belief, G. Lavani
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`maintained and/or should have maintained GSP’s employee records.
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`107. At all times relevant to this action, upon information and belief, G. Lavani was a
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`member and/or owner of Wellcare.
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`108. At all times relevant to this action, upon information and belief, G. Lavani was a
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`principal of Wellcare.
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`109. At all times relevant to this action, upon information and belief, G. Lavani was an
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`officer, manager, and/or supervisor of Wellcare.
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`110. At all times relevant to this action, upon information and belief, G. Lavani
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`13
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`Case 1:21-cv-07826-AJN Document 1 Filed 09/18/21 Page 14 of 31
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`maintained operational control of Wellcare.
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`111. At all times relevant to this action, upon information and belief, G. Lavani was a
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`person who acted in the interest of Wellcare in relation to its employees.
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`112. At all times relevant to this action, upon information and belief, G. Lavani
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`dominated the acts of Wellcare and/or had the power and/or authority to act on behalf of
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`Wellcare in relation to its employees.
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`113. At all times relevant to this action, G. Lavani had the power and/or authority to
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`hire and fire Wellcare’s employees.
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`114. At all times relevant to this action, upon information and belief, G. Lavani had the
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`power and/or authority to supervise and control Wellcare’s employees’ work schedules and/or
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`conditions of employment.
`
`115. At all times relevant to this action, upon information and belief, G. Lavani had the
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`power and/or authority to determine the rate and method of payment of Wellcare’s employee’s
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`salaries.
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`116. At all times relevant to this action, upon information and belief, G. Lavani had the
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`power and/or authority to maintain Wellcare’s employee records.
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`117. At all times relevant to this action, upon information and belief, G. Lavani
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`maintained and/or should have maintained Wellcare’s employee records.
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`118. At all times relevant to this action, upon information and belief, G. Lavani has
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`been a covered employer within the meaning of the FLSA, NYLL and related regulations,
`
`NJWPL and related regulations, and NJWHL and related regulations, as applicable, and
`
`employed and/or jointly employed Plaintiff.
`
`119. Throughout the relevant period, G. Lavani employed Plaintiff within the meaning
`
`14
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`
`
`

`

`Case 1:21-cv-07826-AJN Document 1 Filed 09/18/21 Page 15 of 31
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`of the FLSA, NYLL and related regulations, NJWPL and related regulations, and NJWHL and
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`related regulations, as applicable.
`
`120. G. Lavani had substantial control over Plaintiff’s working conditions and the
`
`unlawful policies and practices alleged herein.
`
`121. At all times relevant to this action, G. Lavani maintained control, oversight, and
`
`direction over Plaintiff, including, but not limited to, timekeeping, payroll, how Plaintiff was
`
`compensated, and other employment practices that applied to Plaintiff.
`
`122. At all times relevant to this action, upon information and belief, G. Lavani
`
`orchestrated and implemented a scheme designed to deprive Plaintiff of his lawful wages.
`
`123. At all times relevant to this action, upon information and belief, G. Lavani used
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`the corporate form of FFPI to perpetrate a fraud and injustice against Plaintiff so as to deprive
`
`him of his lawful wages.
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`124. At all times relevant to this action, upon information and belief, G. Lavani and
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`FFPI were each other’s alter-egos with respect to all matters referred to herein.
`
`125. At all times relevant to this action, upon information and belief, G. Lavani and
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`FFPI were each other’s agents and representatives with respect to all matters referred to herein.
`
`126. At all times relevant to this action, upon information and belief, G. Lavani used
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`the limited liability company form of GSP to perpetrate a fraud and injustice against Plaintiff so
`
`as to deprive him of his lawful wages.
`
`127. At all times relevant to this action, upon information and belief, G. Lavani and
`
`GSP were each other’s alter-egos with respect to all matters referred to herein.
`
`128. At all times relevant to this action, upon information and belief, G. Lavani and
`
`GSP were each other’s agents and representatives with respect to all matters referred to herein.
`
`
`
`15
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`

`

`Case 1:21-cv-07826-AJN Document 1 Filed 09/18/21 Page 16 of 31
`
`129. At all times relevant to this action, upon information and belief, G. Lavani used
`
`the limited liability company form of Wellcare to perpetrate a fraud and injustice against Plaintiff
`
`so as to deprive him of his lawful wages.
`
`130. At all times relevant to this action, upon information and belief, G. Lavani and
`
`Wellcare were each other’s alter-egos with respect to all matters referred to herein.
`
`131. At all times relevant to this action, upon information and belief, G. Lavani and
`
`Wellcare were each other’s agents and representatives with respect to all matters referred to
`
`herein.
`
`132. At all times relevant to this action, upon information and belief, G. Lavani and D.
`
`Lavani were each other’s alter-egos with respect to all matters referred to herein.
`
`133. At all times relevant to this action, upon information and belief, G. Lavani and D.
`
`Lavani were each other’s agents and representatives with respect to all matters referred to herein.
`
`134. At all times relevant to this action, upon information and belief, each of
`
`Defendants used each other, including the corporate and/or limited liability company form of
`
`each other, to perpetrate a fraud and injustice against Plaintiff so as to deprive him of his lawful
`
`wages.
`
`135. At all times relevant to this action, upon information and belief, each of
`
`Defendants were each other’s alter-egos with respect to all matters referred to herein.
`
`136. At all times relevant to this action, upon information and belief, each of
`
`Defendants were each other’s agents and representatives with respect to all matters referred to
`
`herein.
`
`137. At all times relevant to this action, upon information and belief, Defendants
`
`conducted business without using corporate formalities.
`
`
`
`16
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`

`

`Case 1:21-cv-07826-AJN Document 1 Filed 09/18/21 Page 17 of 31
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`138. At all times relevant to this action, upon information and belief, Defendants
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`jointly employed Plaintiff.
`
`139. At all times relevant to this action, upon information and belief, Defendants acted
`
`as a single employer or enterprise and/or as a joint enterprise and/or as co-employers that jointly
`
`employed Plaintiff.
`
`Defendants John Doe(s) 1-10
`
`140. Defendants John Doe(s) 1-10 are as of yet unidentified persons, individuals,
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`corporations, limited liability companies, sole proprietorships, partnerships, joint ventures, or
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`other entity defendants, fictitiously named herein, each of whom may be deemed to be joint
`
`employers of Plaintiff for all matters referenced in this action.
`
`JURISDICTION AND VENUE
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`141. This Court has subject matter jurisdiction pursuant to 28 U.S.C. §§ 1331, 1332,
`
`and 1337 and jurisdiction over Plaintiff’s state law claims pursuant to 28 U.S.C. § 1367.
`
`142. This Court also has jurisdiction over Plaintiff’s claims under the FLSA pursuant
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`to 29 U.S.C. § 216(b).
`
`143. Venue is proper in the Southern District of New York pursuant to 28 U.S.C. §
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`1391(b)(2), because a substantial part of the events or omissions giving rise to the claims
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`occurred in this District.
`
`THE FACTS
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`144. Defendants committed the following acts knowingly and willfully.
`
`145.
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`In or about April 2017, FFPI sponsored Plaintiff, as his petitioner, for H1B status
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`to work for FFPI as a Chemist, at the rate of $24.53 per hour.
`
`146.
`
`
`
`In or about December 2017, FFPI’s petition was approved by the U.S. Citizenship
`
`17
`
`

`

`Case 1:21-cv-07826-AJN Document 1 Filed 09/18/21 Page 18 of 31
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`and Immigration Services, and Plaintiff was granted H1B status to work for FFPI, at the rate of
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`$24.53 per hour, for the period from December 14, 2017 to September 15, 2020 (the “H1B
`
`Period”).
`
`147. Defendants agreed to employ Plaintiff as a Chemist during the H1B Period at the
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`rate of $24.53 per hour.
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`148. Plaintiff commenced working for Defendants in or about February 2018.
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`149. Defendants employed Plaintiff from in or about February 2018 through
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`September 21, 2019 (the “Work Period”).
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`150. During the Work Period, Defendants directed Plaintiff to work at Defendants’
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`different locations in New York and New Jersey.
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`151. During the Work Period, Plaintiff worked for Defendants at its locations in New
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`York and in New Jersey, as instructed by Defendants.
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`152. During the Work Period, Defendants failed to pay Plaintiff at the agreed-upon
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`rate.
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`153. During the Work Period, Defendants failed to pay Plaintiff his wages earned in
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`accordance with the agreed upon terms of employment.
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`154. During the Work Period, Defendants failed to pay Plaintiff in the agreed upon and
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`lawfully required time frame.
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`155. At certain times during the Work Period, Defendants failed to pay Plaintiff any
`
`wages for the hours Plaintiff worked.
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`156. During the period from on or about September 1, 2018 through on or about
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`October 31, 2018, Defendants failed to pay Plaintiff any wage for the hours Plaintiff worked.
`
`157. During the Work Period, Plaintiff regularly worked in excess of forty (40) hours
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`18
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`

`

`Case 1:21-cv-07826-AJN Document 1 Filed 09/18/21 Page 19 of 31
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`per workweek and often worked from 55 – 60 hours per week.
`
`158. Defendants were aware that Plaintiff worked more than 40 hours per week, yet
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`Defendants negligently, recklessly, and/or willfully, knowingly, purposefully, and deliberately
`
`failed to pay Plaintiff overtime compensation, at the rate of one and one-half (1.5) times
`
`Plaintiff’s regular rate of pay, for all hours worked in excess of forty hours in any given
`
`workweek
`
`159. Defendants did not keep accurate records regarding Plaintiff’s wages and hours
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`worked.
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`160. Defendants maintained deliberately false and misleading documentation regarding
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`Plaintiff’s wages and hours worked.
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`161. During the Work Period, Defendants were supposed to pay Plaintiff his earned
`
`wages on a bi-weekly basis.
`
`162. Defendants often failed to pay Plaintiff his earned wages in the agreed upon bi-
`
`weekly time frame.
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`163. The job duties of Plaintiff remained the same throughout the Work Period and
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`were of a non-exempt nature.
`
`164. During the Work Period, Plaintiff was a non-exempt, hourly employee under the
`
`FLSA, NYLL and related regulations, NJWPL and related regulations, and NJWHL and related
`
`regulations.
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`165. During the Work Period, Plaintiff performed his duties for Defendants at the
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`direction and under the control of Defendants.
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`166. During the Work Period, Defendants jointly supervised Plaintiff, co

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