`
`
`
`
`
`
`
`Plaintiff,
`
`Civil Action No.
`
`
`COMPLAINT AND
`JURY TRIAL DEMAND
`
`
`
`
`
`UNITED STATES DISTRICT COURT
`SOUTHERN DISTRICT OF NEW YORK
`-----------------------------------------------------------------x
`HITENDRASINH PARMAR,
`
`
`
`
`
`
`-against-
`
`
`
`
`
`
`
`
`FULTON FAMILY PHARMACY INC., GS
`PHARMACY LLC, WELLCARE PHARMACY
`LLC, DILIP LAVANI, GITA LAVANI,
`and JOHN DOE(S) 1-10,
`
`Defendants.
`
`
`
`
`-----------------------------------------------------------------x
`
`
`
`Plaintiff HITENDRASINH PARMAR (“Plaintiff”), by his attorneys, Braverman, PLLC,
`
`as and for his Complaint against defendants FULTON FAMILY PHARMACY INC. (“FFPI”),
`
`GS PHARMACY LLC (“GSP”), WELLCARE PHARMACY LLC (“Wellcare”), DILIP
`
`LAVANI (“D. Lavani”), GITA LAVANI (“G. Lavani”), and JOHN DOE(S) 1-10 (individually
`
`and collectively, “Defendants”), respectfully alleges as follows:
`
`NATURE OF THE ACTION
`
`1.
`
`Plaintiff brings this action to recover: (a) wages and overtime compensation that
`
`Defendants failed to pay in violation of the Fair Labor Standards Act, 29 U.S.C. §§ 201, et seq.
`
`(“FLSA”), the New York Labor Law, as amended, (“NYLL”) and related regulations, the New
`
`Jersey Wage Payment Law, as amended, N.J.S.A. § 34:11-4.1, et seq. (“NJWPL”) and related
`
`regulations, and the New Jersey Wage and Hour Law, as amended, N.J.S.A. § 34:11-56a, et seq.
`
`(“NJWHL”) and related regulations; (b) wages earned in accordance with the agreed terms of
`
`employment that Defendants failed to pay in violation of the NYLL and related regulations and
`
`NJWPL and related regulations; (c) spread of hours pay that Defendants failed to pay in violation
`
`of the NYLL and related regulations; (d), unlawful wage deductions in violation of the NYLL
`
`
`
`1
`
`
`
`Case 1:21-cv-07826-AJN Document 1 Filed 09/18/21 Page 2 of 31
`
`and related regulations and NJWPL and related regulations; and (e) damages to remedy
`
`Defendants’ notice and record keeping violations of the NYLL and related regulations; (f) wages
`
`earned in accordance with the agreed terms of employment that Defendants failed to pay in
`
`breach of the parties’ agreement; and (g) damages to remedy Defendants’ unlawful retaliation in
`
`violation of the FLSA, NYLL, NJWPL, and JNWHL, and related regulations.
`
`2.
`
`Defendants engaged in illegal and improper wage practices, including, but not
`
`limited to: unlawfully failing to pay Plaintiff earned wages and other monies unequivocally due
`
`to him for services he rendered for Defendants as their employee; unlawfully failing to pay
`
`Plaintiff at the prevailing minimum wage and/or at their agreed upon rate for all hours worked
`
`under forty (40) hours per work week and overtime at a rate of one and one-half their regular rate
`
`of pay for all hours worked in excess of forty (40) hours per work week; failing to pay Plaintiff
`
`spread of hours pay; making unlawful and improper wage deductions; failing to provide accurate
`
`wage statements; and unlawfully retaliating against Plaintiff for complaining about Defendants’
`
`unlawful employment practices and for not being properly compensated.
`
`Plaintiff
`
`THE PARTIES
`
`3.
`
`Plaintiff is an adult natural person who is a citizen of India, who is domiciled in
`
`India, and who resides in India. At all relevant times, Plaintiff was a non-exempt employee
`
`within the meaning of the FLSA, NYLL and related regulations, NJWPL and related regulations,
`
`and NJWHL and related regulations. As such, Plaintiff is entitled to be paid in full for all hours
`
`worked.
`
`
`
`2
`
`
`
`Case 1:21-cv-07826-AJN Document 1 Filed 09/18/21 Page 3 of 31
`
`4.
`
`Plaintiff was employed by Defendants and worked for Defendants from in or
`
`about February 2018 to on or about September 21, 2019, at Defendants’ locations in New York
`
`and New Jersey.
`
`5.
`
`Plaintiff is a covered employee within the meaning of the FLSA, NYLL and
`
`related regulations, NJWPL and related regulations, and NJWHL and related regulations, as
`
`applicable.
`
`6.
`
`At all times relevant to this action, Plaintiff was engaged in commerce and/or the
`
`production of goods for commerce with the meaning of 29 U.S.C. §§ 206(a) and 207(a).
`
`7.
`
`During the time that Plaintiff was employed by and worked for Defendants,
`
`Plaintiff resided in New Jersey.
`
`Defendant Fulton Family Pharmacy Inc.
`
`8.
`
`Upon information and belief, FFPI is a New York corporation with its principle
`
`place of business located at 98 East Broadway, Floor 1, New York, NY 10002.
`
`9.
`
`10.
`
`Upon information and belief, FFPI is domiciled in New York.
`
`At all times relevant to this action, FFPI has 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.
`
`11.
`
`Throughout the relevant period, FFPI employed Plaintiff within the meaning of
`
`the FLSA, NYLL and related regulations, NJWPL and related regulations, and NJWHL and
`
`related regulations, as applicable.
`
`12.
`
`FFPI had substantial control over Plaintiff’s working conditions and the unlawful
`
`policies and practices alleged herein.
`
`
`
`3
`
`
`
`Case 1:21-cv-07826-AJN Document 1 Filed 09/18/21 Page 4 of 31
`
`13.
`
`At all times relevant to this action, FFPI 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.
`
`14.
`
`Upon information and belief, at all times relevant to this action, FFPI’s annual
`
`gross volume of sales made or business done was not less than $500,000.
`
`15.
`
`At all times relevant to this action, FFPI was an employer engaged in commerce
`
`and/or the production of goods for commerce with the meaning of 29 U.S.C. §§ 206(a) and
`
`207(a).
`
`16.
`
`FFPI is the employer identified on Plaintiff’s W-2 forms.
`
`Defendant GS Pharmacy LLC
`
`17.
`
`Upon information and belief, GSP is a New York limited liability company with
`
`its principle place of business located at 1932 Nostrand Avenue, Brooklyn, NY 11210.
`
`18.
`
`19.
`
`Upon information and belief, GSP is domiciled in New York.
`
`At all times relevant to this action, GSP has 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.
`
`20.
`
`Throughout the relevant period, GSP employed Plaintiff within the meaning of
`
`the FLSA, NYLL and related regulations, NJWPL and related regulations, and NJWHL and
`
`related regulations, as applicable.
`
`21.
`
`GSP had substantial control over Plaintiff’s working conditions and the unlawful
`
`policies and practices alleged herein.
`
`22.
`
`At all times relevant to this action, GSP maintained control, oversight, and
`
`direction over Plaintiff, including, but not limited to, timekeeping, payroll, how Plaintiff was
`
`
`
`4
`
`
`
`Case 1:21-cv-07826-AJN Document 1 Filed 09/18/21 Page 5 of 31
`
`compensated, and other employment practices that applied to Plaintiff.
`
`23.
`
`Upon information and belief, at all times relevant to this action, GSP’s annual
`
`gross volume of sales made or business done was not less than $500,000.
`
`24.
`
`At all times relevant to this action, GSP was an employer engaged in commerce
`
`and/or the production of goods for commerce with the meaning of 29 U.S.C. §§ 206(a) and
`
`207(a).
`
`Defendant Wellcare Pharmacy LLC
`
`25.
`
`Upon information and belief, Wellcare is a New Jersey limited liability company
`
`with its principle place of business located at 693 E. 18th Street, Paterson, NJ 07501.
`
`26.
`
`27.
`
`Upon information and belief, Wellcare is domiciled in New Jersey.
`
`At all times relevant to this action, Wellcare has 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.
`
`28.
`
`Throughout the relevant period, Wellcare employed Plaintiff within the meaning
`
`of the FLSA, NYLL and related regulations, NJWPL and related regulations, and NJWHL and
`
`related regulations, as applicable.
`
`29. Wellcare had substantial control over Plaintiff’s working conditions and the
`
`unlawful policies and practices alleged herein.
`
`30.
`
`At all times relevant to this action, Wellcare 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.
`
`31.
`
`Upon information and belief, at all times relevant to this action, Wellcare’s annual
`
`gross volume of sales made or business done was not less than $500,000.
`
`
`
`5
`
`
`
`Case 1:21-cv-07826-AJN Document 1 Filed 09/18/21 Page 6 of 31
`
`32.
`
`At all times relevant to this action, Wellcare was an employer engaged in
`
`commerce and/or the production of goods for commerce with the meaning of 29 U.S.C. §§
`
`206(a) and 207(a).
`
`Defendant Dilip Lavani
`
`33.
`
`Upon information and belief, D. Lavani is an individual who is domiciled in and
`
`resides in the State of New Jersey.
`
`34.
`
`At all times relevant to this action, upon information and belief, D. Lavani was
`
`the sole shareholder of FFPI.
`
`35.
`
`At all times relevant to this action, upon information and belief, D. Lavani was
`
`one of the ten largest shareholders by beneficial interest of FFPI.
`
`36.
`
`At all times relevant to this action, upon information and belief, D. Lavani was
`
`the principal of FFPI.
`
`37.
`
`At all times relevant to this action, upon information and belief, D. Lavani was
`
`the founder of FFPI.
`
`38.
`
`At all times relevant to this action, upon information and belief, D. Lavani was
`
`the Chief Executive Officer of FFPI.
`
`39.
`
`At all times relevant to this action, upon information and belief, D. Lavani was
`
`the President of FFPI.
`
`40.
`
`At all times relevant to this action, upon information and belief, D. Lavani
`
`maintained operational control of FFPI.
`
`41.
`
`At all times relevant to this action, upon information and belief, D. Lavani was a
`
`person who acted in the interest of FFPI in relation to its employees.
`
`42.
`
`
`
`At all times relevant to this action, upon information and belief, D. Lavani
`
`6
`
`
`
`Case 1:21-cv-07826-AJN Document 1 Filed 09/18/21 Page 7 of 31
`
`dominated the acts of FFPI and/or had the power and/or authority to act on behalf of FFPI in
`
`relation to its employees.
`
`43.
`
`At all times relevant to this action, D. Lavani had the power and/or authority to
`
`hire and fire FFPI’s employees.
`
`44.
`
`At all times relevant to this action, upon information and belief, D. Lavani had the
`
`power and/or authority to supervise and control FFPI’s employees’ work schedules and/or
`
`conditions of employment.
`
`45.
`
`At all times relevant to this action, upon information and belief, D. Lavani had the
`
`power and/or authority to determine the rate and method of payment of FFPI’s employee’s
`
`salaries.
`
`46.
`
`At all times relevant to this action, upon information and belief, D. Lavani had the
`
`power and/or authority to maintain FFPI’s employee records.
`
`47.
`
`At all times relevant to this action, upon information and belief, D. Lavani
`
`maintained and/or should have maintained FFPI’s employee records.
`
`48.
`
`At all times relevant to this action, upon information and belief, D. Lavani was a
`
`member and owner of GSP.
`
`49.
`
`At all times relevant to this action, upon information and belief, D. Lavani was
`
`the President of GSP.
`
`50.
`
`At all times relevant to this action, upon information and belief, D. Lavani
`
`maintained operational control of GSP.
`
`51.
`
`At all times relevant to this action, upon information and belief, D. Lavani was a
`
`person who acted in the interest of GSP in relation to its employees.
`
`52.
`
`
`
`At all times relevant to this action, upon information and belief, D. Lavani
`
`7
`
`
`
`Case 1:21-cv-07826-AJN Document 1 Filed 09/18/21 Page 8 of 31
`
`dominated the acts of GSP and/or had the power and/or authority to act on behalf of GSP in
`
`relation to its employees.
`
`53.
`
`At all times relevant to this action, D. Lavani had the power and/or authority to
`
`hire and fire GSP’s employees.
`
`54.
`
`At all times relevant to this action, upon information and belief, D. Lavani had the
`
`power and/or authority to supervise and control GSP’s employees’ work schedules and/or
`
`conditions of employment.
`
`55.
`
`At all times relevant to this action, upon information and belief, D. Lavani had the
`
`power and/or authority to determine the rate and method of payment of GSP’s employee’s
`
`salaries.
`
`56.
`
`At all times relevant to this action, upon information and belief, D. Lavani had the
`
`power and/or authority to maintain GSP’s employee records.
`
`57.
`
`At all times relevant to this action, upon information and belief, D. Lavani
`
`maintained and/or should have maintained GSP’s employee records.
`
`58.
`
`At all times relevant to this action, upon information and belief, D. Lavani was a
`
`member and owner of Wellcare.
`
`59.
`
`At all times relevant to this action, upon information and belief, D. Lavani was
`
`the President of Wellcare.
`
`60.
`
`At all times relevant to this action, upon information and belief, D. Lavani
`
`maintained operational control of Wellcare.
`
`61.
`
`At all times relevant to this action, upon information and belief, D. Lavani was a
`
`person who acted in the interest of Wellcare in relation to its employees.
`
`62.
`
`
`
`At all times relevant to this action, upon information and belief, D. Lavani
`
`8
`
`
`
`Case 1:21-cv-07826-AJN Document 1 Filed 09/18/21 Page 9 of 31
`
`dominated the acts of Wellcare and/or had the power and/or authority to act on behalf of
`
`Wellcare in relation to its employees.
`
`63.
`
`At all times relevant to this action, D. Lavani had the power and/or authority to
`
`hire and fire Wellcare’s employees.
`
`64.
`
`At all times relevant to this action, upon information and belief, D. Lavani had the
`
`power and/or authority to supervise and control Wellcare’s employees’ work schedules and/or
`
`conditions of employment.
`
`65.
`
`At all times relevant to this action, upon information and belief, D. Lavani had the
`
`power and/or authority to determine the rate and method of payment of Wellcare’s employee’s
`
`salaries.
`
`66.
`
`At all times relevant to this action, upon information and belief, D. Lavani had the
`
`power and/or authority to maintain Wellcare’s employee records.
`
`67.
`
`At all times relevant to this action, upon information and belief, D. Lavani
`
`maintained and/or should have maintained Wellcare’s employee records.
`
`68.
`
`At all times relevant to this action, upon information and belief, D. Lavani has
`
`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.
`
`69.
`
`Throughout the relevant period, D. Lavani employed Plaintiff within the meaning
`
`of the FLSA, NYLL and related regulations, NJWPL and related regulations, and NJWHL and
`
`related regulations, as applicable.
`
`70.
`
`D. Lavani had substantial control over Plaintiff’s working conditions and the
`
`unlawful policies and practices alleged herein.
`
`
`
`9
`
`
`
`Case 1:21-cv-07826-AJN Document 1 Filed 09/18/21 Page 10 of 31
`
`71.
`
`At all times relevant to this action, upon information and belief, D. 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.
`
`72.
`
`At all times relevant to this action, upon information and belief, D. Lavani
`
`orchestrated and implemented a scheme designed to deprive Plaintiff of his lawful wages.
`
`73.
`
`At all times relevant to this action, upon information and belief, D. Lavani used
`
`the corporate form of FFPI to perpetrate a fraud and injustice against Plaintiff so as to deprive
`
`him of his lawful wages.
`
`74.
`
`At all times relevant to this action, upon information and belief, D. Lavani and
`
`FFPI were each other’s alter-egos with respect to all matters referred to herein.
`
`75.
`
`At all times relevant to this action, upon information and belief, D. Lavani and
`
`FFPI were each other’s agents and representatives with respect to all matters referred to herein.
`
`76.
`
`At all times relevant to this action, upon information and belief, D. Lavani used
`
`the limited liability company form of GSP to perpetrate a fraud and injustice against Plaintiff so
`
`as to deprive him of his lawful wages.
`
`77.
`
`At all times relevant to this action, upon information and belief, D. Lavani and
`
`GSP were each other’s alter-egos with respect to all matters referred to herein.
`
`78.
`
`At all times relevant to this action, upon information and belief, D. Lavani and
`
`GSP were each other’s agents and representatives with respect to all matters referred to herein.
`
`79.
`
`At all times relevant to this action, upon information and belief, D. 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.
`
`
`
`10
`
`
`
`Case 1:21-cv-07826-AJN Document 1 Filed 09/18/21 Page 11 of 31
`
`80.
`
`At all times relevant to this action, upon information and belief, D. Lavani and
`
`Wellcare were each other’s alter-egos with respect to all matters referred to herein.
`
`81.
`
`At all times relevant to this action, upon information and belief, D. Lavani and
`
`Wellcare were each other’s agents and representatives with respect to all matters referred to
`
`herein.
`
`82.
`
`At all times relevant to this action, upon information and belief, D. Lavani and G.
`
`Lavani were each other’s alter-egos with respect to all matters referred to herein.
`
`83.
`
`At all times relevant to this action, upon information and belief, D. Lavani and G.
`
`Lavani were each other’s agents and representatives with respect to all matters referred to herein.
`
`Defendant Gita Lavani
`
`84.
`
`Upon information and belief, G. Lavani is an individual who is domiciled in and
`
`resides in the State of New Jersey.
`
`85.
`
`At all times relevant to this action, upon information and belief, G. Lavani was a
`
`shareholder and/or owner of FFPI.
`
`86.
`
`At all times relevant to this action, upon information and belief, G. Lavani was a
`
`principal of FFPI.
`
`87.
`
`At all times relevant to this action, upon information and belief, G. Lavani was an
`
`officer, manager, and/or supervisor of FFPI.
`
`88.
`
`At all times relevant to this action, upon information and belief, G. Lavani
`
`maintained operational control of FFPI.
`
`89.
`
`At all times relevant to this action, upon information and belief, G. Lavani was a
`
`person who acted in the interest of FFPI in relation to its employees.
`
`90.
`
`
`
`At all times relevant to this action, upon information and belief, G. Lavani
`
`11
`
`
`
`Case 1:21-cv-07826-AJN Document 1 Filed 09/18/21 Page 12 of 31
`
`dominated the acts of FFPI and/or had the power and/or authority to act on behalf of FFPI in
`
`relation to its employees.
`
`91.
`
`At all times relevant to this action, G. Lavani had the power and/or authority to
`
`hire and fire FFPI’s employees.
`
`92.
`
`At all times relevant to this action, upon information and belief, G. Lavani had the
`
`power and/or authority to supervise and control FFPI’s employees’ work schedules and/or
`
`conditions of employment.
`
`93.
`
`At all times relevant to this action, upon information and belief, G. Lavani had the
`
`power and/or authority to determine the rate and method of payment of FFPI’s employee’s
`
`salaries.
`
`94.
`
`At all times relevant to this action, upon information and belief, G. Lavani had the
`
`power and/or authority to maintain FFPI’s employee records.
`
`95.
`
`At all times relevant to this action, upon information and belief, G. Lavani
`
`maintained and/or should have maintained FFPI’s employee records.
`
`96.
`
`At all times relevant to this action, upon information and belief, G. Lavani was a
`
`member and/or owner of GSP.
`
`97.
`
`At all times relevant to this action, upon information and belief, G. Lavani was a
`
`principal of GSP.
`
`98.
`
`At all times relevant to this action, upon information and belief, G. Lavani was an
`
`officer, manager, and/or supervisor of GSP.
`
`99.
`
`At all times relevant to this action, upon information and belief, G. Lavani
`
`maintained operational control of GSP.
`
`100. At all times relevant to this action, upon information and belief, G. Lavani was a
`
`12
`
`
`
`
`
`Case 1:21-cv-07826-AJN Document 1 Filed 09/18/21 Page 13 of 31
`
`person who acted in the interest of GSP in relation to its employees.
`
`101. At all times relevant to this action, upon information and belief, G. Lavani
`
`dominated the acts of GSP and/or had the power and/or authority to act on behalf of GSP in
`
`relation to its employees.
`
`102. At all times relevant to this action, G. Lavani had the power and/or authority to
`
`hire and fire GSP’s employees.
`
`103. At all times relevant to this action, upon information and belief, G. Lavani had the
`
`power and/or authority to supervise and control GSP’s employees’ work schedules and/or
`
`conditions of employment.
`
`104. At all times relevant to this action, upon information and belief, G. Lavani had the
`
`power and/or authority to determine the rate and method of payment of GSP’s employee’s
`
`salaries.
`
`105. At all times relevant to this action, upon information and belief, G. Lavani had the
`
`power and/or authority to maintain GSP’s employee records.
`
`106. At all times relevant to this action, upon information and belief, G. Lavani
`
`maintained and/or should have maintained GSP’s employee records.
`
`107. At all times relevant to this action, upon information and belief, G. Lavani was a
`
`member and/or owner of Wellcare.
`
`108. At all times relevant to this action, upon information and belief, G. Lavani was a
`
`principal of Wellcare.
`
`109. At all times relevant to this action, upon information and belief, G. Lavani was an
`
`officer, manager, and/or supervisor of Wellcare.
`
`110. At all times relevant to this action, upon information and belief, G. Lavani
`
`13
`
`
`
`
`
`Case 1:21-cv-07826-AJN Document 1 Filed 09/18/21 Page 14 of 31
`
`maintained operational control of Wellcare.
`
`111. At all times relevant to this action, upon information and belief, G. Lavani was a
`
`person who acted in the interest of Wellcare in relation to its employees.
`
`112. At all times relevant to this action, upon information and belief, G. Lavani
`
`dominated the acts of Wellcare and/or had the power and/or authority to act on behalf of
`
`Wellcare in relation to its employees.
`
`113. At all times relevant to this action, G. Lavani had the power and/or authority to
`
`hire and fire Wellcare’s employees.
`
`114. At all times relevant to this action, upon information and belief, G. Lavani had the
`
`power and/or authority to supervise and control Wellcare’s employees’ work schedules and/or
`
`conditions of employment.
`
`115. At all times relevant to this action, upon information and belief, G. Lavani had the
`
`power and/or authority to determine the rate and method of payment of Wellcare’s employee’s
`
`salaries.
`
`116. At all times relevant to this action, upon information and belief, G. Lavani had the
`
`power and/or authority to maintain Wellcare’s employee records.
`
`117. At all times relevant to this action, upon information and belief, G. Lavani
`
`maintained and/or should have maintained Wellcare’s employee records.
`
`118. At all times relevant to this action, upon information and belief, G. Lavani has
`
`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
`
`
`
`
`
`Case 1:21-cv-07826-AJN Document 1 Filed 09/18/21 Page 15 of 31
`
`of the FLSA, NYLL and related regulations, NJWPL and related regulations, and NJWHL and
`
`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
`
`the corporate form of FFPI to perpetrate a fraud and injustice against Plaintiff so as to deprive
`
`him of his lawful wages.
`
`124. At all times relevant to this action, upon information and belief, G. Lavani and
`
`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
`
`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
`
`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
`
`
`
`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
`
`
`
`Case 1:21-cv-07826-AJN Document 1 Filed 09/18/21 Page 17 of 31
`
`138. At all times relevant to this action, upon information and belief, Defendants
`
`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,
`
`corporations, limited liability companies, sole proprietorships, partnerships, joint ventures, or
`
`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
`
`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
`
`to 29 U.S.C. § 216(b).
`
`143. Venue is proper in the Southern District of New York pursuant to 28 U.S.C. §
`
`1391(b)(2), because a substantial part of the events or omissions giving rise to the claims
`
`occurred in this District.
`
`THE FACTS
`
`144. Defendants committed the following acts knowingly and willfully.
`
`145.
`
`In or about April 2017, FFPI sponsored Plaintiff, as his petitioner, for H1B status
`
`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
`
`and Immigration Services, and Plaintiff was granted H1B status to work for FFPI, at the rate of
`
`$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
`
`rate of $24.53 per hour.
`
`148. Plaintiff commenced working for Defendants in or about February 2018.
`
`149. Defendants employed Plaintiff from in or about February 2018 through
`
`September 21, 2019 (the “Work Period”).
`
`150. During the Work Period, Defendants directed Plaintiff to work at Defendants’
`
`different locations in New York and New Jersey.
`
`151. During the Work Period, Plaintiff worked for Defendants at its locations in New
`
`York and in New Jersey, as instructed by Defendants.
`
`152. During the Work Period, Defendants failed to pay Plaintiff at the agreed-upon
`
`rate.
`
`153. During the Work Period, Defendants failed to pay Plaintiff his wages earned in
`
`accordance with the agreed upon terms of employment.
`
`154. During the Work Period, Defendants failed to pay Plaintiff in the agreed upon and
`
`lawfully required time frame.
`
`155. At certain times during the Work Period, Defendants failed to pay Plaintiff any
`
`wages for the hours Plaintiff worked.
`
`156. During the period from on or about September 1, 2018 through on or about
`
`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
`
`18
`
`
`
`
`
`Case 1:21-cv-07826-AJN Document 1 Filed 09/18/21 Page 19 of 31
`
`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
`
`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
`
`worked.
`
`160. Defendants maintained deliberately false and misleading documentation regarding
`
`Plaintiff’s wages and hours worked.
`
`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.
`
`163. The job duties of Plaintiff remained the same throughout the Work Period and
`
`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.
`
`165. During the Work Period, Plaintiff performed his duties for Defendants at the
`
`direction and under the control of Defendants.
`
`166. During the Work Period, Defendants jointly supervised Plaintiff, co