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`UNITED STATES DISTRICT COURT
`SOUTHERN DISTRICT OF NEW YORK
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`ALONIA WHITE,
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` Civil Action No. 21-cv-10490
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`PLAINTIFF,
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`COMPLAINT
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`v.
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`Plaintiff Demands
`IRIS NOVA LTD,
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`a Trial by Jury
`DIRTY LEMON BEVERAGES, LLC, and,
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`ZAK NORMANDIN, individually,
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`DEFENDANTS.
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`Plaintiff ALONIA WHITE (“White” or “Plaintiff”), by her attorneys, LEVINE & BLIT,
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`PLLC, complaining of defendants IRIS NOVA LTD ("Iris” or “defendant”), DIRTY LEMON
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`BEVERAGES, LLC ("Dirty Lemon” or “defendant”), and ZAK NORMANDIN, individually
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`("Normandin" or "defendant") (all collectively "defendants"), respectfully alleges upon
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`information and belief:
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` NATURE OF THE ACTION
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`1.
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`This action is brought to remedy unpaid minimum wages, regular wages, and overtime
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`wages in violation of the Fair Labor Standards Act ("FLSA") and New York Labor Law (“Labor
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`Law”), as well as violations of the law with respect to frequency of payments and failure to provide
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`wage notices and wage statements, in violation of the Labor Law.
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`2.
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`Defendants' actions were unlawful and Plaintiff seeks injunctive and declaratory relief,
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`monetary, compensatory and punitive damages, liquidated damages, interest, attorneys’ fees,
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`costs, and other appropriate legal and equitable relief pursuant to the FLSA and Labor Law, and
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`such other further relief as this Court deems necessary and proper.
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`Case 2:21-cv-10490 Document 1 Filed 12/08/21 Page 2 of 12
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`JURISDICTION AND VENUE
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`3.
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`Jurisdiction of this Court is proper under 28 U.S.C. §1331, because the matter in
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`controversy is a civil action arising under the Constitution, laws or treaties of the United States.
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`4.
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`Supplemental jurisdiction over Plaintiff’s state law claims is proper under 28 U.S.C. §1367.
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`5.
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`Venue of this action in the Southern District of New York under 28 U.S.C. §1391 is
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`appropriate as Defendants have a principle place of business within the district, and that the
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`Southern District is the judicial district where a substantial part of the events or omissions giving
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`rise to the claim occurred.
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`PARTIES
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`6.
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`7.
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`Plaintiff is an individual who resides in Bronx County, New York.
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`Upon information and belief, defendant Normandin is a New York resident, and is the
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`founder, owner, Chief Executive Officer and control person of defendants Iris and Dirty Lemon.
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`8.
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`Defendant Iris is a Delaware business corporation registered to do business in New York
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`State, with a principle place of business in New York County.
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`9.
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`Defendant Dirty Lemon is a Delaware business corporation registered to do business in
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`New York State, with a principle place of business in New York County.
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`10.
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`Defendant Normandin owns and controls defendants Iris and Dirty Lemon insofar as
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`Normandin actively managed both companies, and sets the terms and conditions of employment
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`for both companies’ employees.
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`11. At all times relevant to this action, defendants were “employers” of Plaintiff within the
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`meaning of the Labor Law§§ 190(3) and 651(6) and FLSA § 203(d).
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`12.
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`At all times relevant to this action, defendants jointly employed plaintiff insofar as Iris and
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`Dirty Lemon have common ownership, common control, common management, and common
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`Case 2:21-cv-10490 Document 1 Filed 12/08/21 Page 3 of 12
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`employees, and insofar as plaintiff performed work for both Iris and Dirty Lemon, was jointly
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`supervised by all defendants, and had the terms and conditions of her employment jointly set by
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`all defendants.
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`13.
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`Upon information and belief, at all times relevant to this action, defendants have,
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`individually and jointly, been enterprises engaged in interstate commerce within the meaning of
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`the FLSA, 29 U.S.C § 207(a) insofar that they: (1) have had employees engaged in commerce or
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`in the production of goods for commerce, and handles, sells or otherwise works on goods or
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`materials that have been moved in or produced for commerce by any person; and (2) have had
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`annual gross volume of sales not less than $500,000.
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`14.
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`At all times relevant to this action, plaintiff performed work for defendants which was
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`interstate in nature, insofar as plaintiff regularly dealt with customers, vendors, suppliers and
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`accounts who were located outside of New York State, via interstate communications networks
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`and equipment.
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`15.
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`At all times relevant to this action, plaintiff was an “employee” of defendants within the
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`meaning of the Labor Law and FLSA, and entitled to protection. At all times relevant to this action,
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`Plaintiff performed services as employee for defendants in Bronx and Manhattan, New York.
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`16.
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`At all times relevant to this action, Plaintiff had the skills, experience and qualifications
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`necessary to work in her employment position for the defendants.
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`FACTUAL ALLEGATIONS
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`17.
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`Plaintiff began her employment tenure with Defendants in or about September, 2020, as a
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`customer experience associate, and remained in that job title at all times relevant to this action.
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`18.
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`Plaintiff’s duties as a customer experience associate were to provide customer service to
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`defendants’ customers by answering phones and emails, and tracking customer feedback, among
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`Case 2:21-cv-10490 Document 1 Filed 12/08/21 Page 4 of 12
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`other things.
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`19.
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`Plaintiff was initially hired on a part-time schedule of approximately 20-25 hours per week.
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`Plaintiff maintained a part-time schedule up to approximately April, 2021, then became full-time.
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`20.
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`Plaintiff was initially hired at a rate of pay of $16/hour, which increased to $30/hour as per
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`defendants’ management in the beginning of October, 2021, then $20/hour at the beginning of
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`November, 2021.
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`21.
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`At all times relevant to this complaint, plaintiff’s regular payday, as designated in advance
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`by defendants, was to be two Fridays after each Monday through Friday workweek ended. For
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`example, as per defendants, for the workweek Monday 9/7/2020 through Friday 9/11/2020,
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`plaintiff was to be paid on Friday 9/25/2020.
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`22.
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`From the beginning of her employment to present, defendants did not pay plaintiff on her
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`regularly designated payday and, during the weeks for which plaintiff was paid by defendants, her
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`wages were received well after her regular payday.
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`23.
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`Therefore, from the beginning of plaintiff’s employment to present, defendants were in
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`violation of Labor Law § 191 insofar as defendants failed to pay plaintiff on her regularly
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`scheduled payday.
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`24.
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`Accordingly, for each such workweek in which plaintiff was not paid on her regularly
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`designated payday, plaintiff is owed liquidated damages by defendants, due to defendants’
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`intentional violation of Labor Law § 191.
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`25.
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`In or around the beginning of April, 2021, plaintiff began full-time work for defendants.
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`26.
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`In or around that time through present, though defendants required plaintiff to work
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`significantly more hours, defendants failed to pay plaintiff any wages for just about all workweeks
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`for the remainder of her employment, but for a few sporadic workweeks.
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`Case 2:21-cv-10490 Document 1 Filed 12/08/21 Page 5 of 12
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`27.
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`For example, for the workweek beginning May 17, 2021, plaintiff worked forty (40) hours
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`for defendants, and was owed $640 by defendants at her regular rate of $16/hour, but was paid $0
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`by defendants.
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`28.
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`As an additional example, for the workweek beginning October 4, 2021, plaintiff worked
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`forty (40) hours for defendants, and was owed $1200 by defendants at her agreed upon increased
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`regular rate of $30/hour, but was paid $0 by defendants.
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`29.
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`Accordingly, plaintiff is owed by defendants minimum wages, regular wages, and all other
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`available statutory damages for all workweeks in which she worked but was not paid.
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`30.
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`Additionally, during many workweeks plaintiff worked over forty (40) hours in the
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`workweek but was not compensated by defendants any overtime wages for such overtime work.
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`31.
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`For example, during the workweek beginning April 5, 2021, plaintiff worked no less than
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`4.77 overtime hours, above her regular forty hour workweek. Defendants paid plaintiff no
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`overtime wages for such work.
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`32.
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`As another example, during the workweek beginning October 11, 2021, plaintiff worked
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`no less than 5.2 overtime hours, above her regular forty hour workweek. Defendants paid plaintiff
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`no overtime wages for such work.
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`33.
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`Accordingly, plaintiff is owed by defendants overtime wages, and all other available
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`statutory damages, for all workweeks in which she worked overtime but was not paid.
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`34.
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`Finally, for many workweeks during her employment tenure defendants failed to provide
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`plaintiff wage statements in compliance with Labor Law 195(3) on her regularly designated
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`payday.
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`35.
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`Defendants’ blatant disregard of the FLSA and Labor Law, as outlined above, was willful
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`and intentional as, despite plaintiff’s vast reserve of patience and dedication to remain working for
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`Case 2:21-cv-10490 Document 1 Filed 12/08/21 Page 6 of 12
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`defendants, defendants denied plaintiff her rightful wages as required by law.
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`FIRST CAUSE OF ACTION AGAINST ALL DEFENDANTS
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`(Unpaid Minimum Wages Under the FLSA)
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`36.
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`Plaintiffs hereby repeat, reiterate and reallege each and every allegation set forth above
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`with the same force and effect as if more fully set forth herein.
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`37.
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`At all times relevant to this action, defendants were employers engaged in commerce or in
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`the production of goods for commerce within the meaning of 29 U.S.C. § 207(a), and plaintiff was
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`engaged in interstate commerce.
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`38.
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`Throughout her employment tenure with defendants, defendants failed to pay plaintiff
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`minimum wages pursuant to the FLSA for all hours worked. Defendants’ failure to pay minimum
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`wages to plaintiffs was willful and intentional.
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`39.
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`As a result of defendants' FLSA violations, plaintiff is entitled to recover from defendants
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`her unpaid minimum wages, and an equal amount representing the statutorily prescribed liquidated
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`damages, as well as reasonable attorneys’ fees and costs of this action, pursuant to the FLSA.
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`SECOND CAUSE OF ACTION AGAINST DEFENDANTS
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`(Unpaid Minimum Wages Under the Labor Law)
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`40.
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`Plaintiffs hereby repeat, reiterate and reallege each allegation contained in all prior
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`paragraphs, as if fully set forth herein.
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`41.
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`Defendants were the employers of plaintiffs within the meaning of the Labor Law.
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`42.
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`Defendants failed to pay plaintiff the prevailing minimum wages for all hours worked, as
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`described above.
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`43.
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`Defendants were aware or should have been aware that the practices described in this
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`Complaint were unlawful, and defendants have not made a good faith effort to comply with the
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`Case 2:21-cv-10490 Document 1 Filed 12/08/21 Page 7 of 12
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`Labor Law with respect to the compensation of plaintiffs.
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`44.
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`As a proximate result of defendants’ unlawful conduct, plaintiff has suffered economic
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`damages in the form of unpaid minimum wages in an amount to be determined at trial and are
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`entitled to recover the value of those unpaid minimum wages plus an equivalent amount of
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`liquidated damages pursuant to the Labor Law, plus interest, as well as reasonable attorneys’ fees
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`and costs, pursuant to the Labor Law.
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`THIRD CAUSE OF ACTION AGAINST DEFENDANTS
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`(Unpaid Overtime Wages Under the FLSA)
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`45.
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`Plaintiff hereby repeats, reiterates and realleges each and every allegation set forth above
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`with the same force and effect as if more fully set forth herein.
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`46.
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`At all times relevant to this action, Defendants were employers engaged in commerce or in
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`the production of goods for commerce within the meaning of 29 U.S.C. § 207(a), and plaintiff was
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`an employee engaged in interstate commerce.
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`47.
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`As outlined above, plaintiff worked above forty (40) hours per week for defendants on
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`many workweeks, as a non-exempt employee pursuant to the FLSA.
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`48.
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`Defendants failed to pay Plaintiff overtime wages of 1.5 times her regular rate of pay for
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`all hours worked in excess of forty in a workweek during her employment tenure.
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`49.
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`Defendants failure to pay overtime premiums was willful and intentional.
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`50.
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`As a result of Defendants' FLSA violations, Plaintiff is entitled to recover from Defendants
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`her unpaid overtime wages, and an equal amount representing the statutorily prescribed liquidated
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`damages, as well as reasonable attorneys’ fees and costs of this action, pursuant to the FLSA.
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`FOURTH CAUSE OF ACTION AGAINST DEFENDANTS
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`(Unpaid Overtime Wages Under the Labor Law)
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`Case 2:21-cv-10490 Document 1 Filed 12/08/21 Page 8 of 12
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`51.
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`Plaintiff hereby repeats, reiterates and realleges each and every allegation set forth above
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`with the same force and effect as if more fully set forth herein.
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`52.
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`At all times relevant to this action, Plaintiff was employed by Defendants within the
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`meaning of Labor Law §§ 2 and 651.
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`53.
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`As outlined above, plaintiff worked above forty (40) hours per week for defendants on
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`many workweeks, as a non-exempt employee pursuant to the Labor Law.
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`54.
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`Defendants failed to pay Plaintiff overtime wages of 1.5 times her regular rate of pay for
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`all hours worked in excess of forty in a workweek during her employment tenure.
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`55.
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`Defendants failure to pay overtime premiums was willful and intentional.
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`56.
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`As a result of Defendants' Labor Law violations, Plaintiff is entitled to recover from
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`Defendants her unpaid overtime wages, and an equal amount representing the statutorily
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`prescribed liquidated damages, as well as reasonable attorneys’ fees and costs of this action, and
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`interest, pursuant to Labor Law.
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`FIFTH CAUSE OF ACTION AGAINST DEFENDANTS
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`(Unpaid Regular Wages Under the Labor Law)
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`57.
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`Plaintiffs hereby repeat, reiterate and reallege each allegation contained in all prior
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`paragraphs, as if fully set forth herein.
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`58.
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`Defendants were the employers of plaintiffs within the meaning of the Labor Law.
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`59.
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`As outlined above, plaintiff’s agreed upon regular rate of pay with defendants was
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`$16/hour, then $30/hour in October, 2021, then $20/hour in November, 2021. Defendants failed
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`to pay plaintiff her agreed upon regular rate of pay for all hours worked during most workweeks
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`from April, 2021 through present, as described above.
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`60.
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`Defendants were aware or should have been aware that the practices described in this
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`Case 2:21-cv-10490 Document 1 Filed 12/08/21 Page 9 of 12
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`Complaint were unlawful, and defendants have not made a good faith effort to comply with the
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`Labor Law with respect to the compensation of plaintiffs.
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`61.
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`As a proximate result of defendants’ unlawful conduct, plaintiff has suffered economic
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`damages in the form of unpaid regular wages in an amount to be determined at trial and are entitled
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`to recover the value of those unpaid regular wages plus an equivalent amount of liquidated
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`damages pursuant to the Labor Law, as well as reasonable attorneys’ fees and costs, and interest,
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`pursuant to the Labor Law.
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`SIXTH CAUSE OF ACTION AGAINST DEFENDANTS
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`(Violation of Labor Law 191 – Frequency of Payments)
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`62.
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`Plaintiffs hereby repeat, reiterate and reallege each allegation contained in all prior
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`paragraphs, as if fully set forth herein.
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`63.
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`Defendants designated a regular payday for plaintiff.
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`64.
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`As outlined above, for most workweeks from on or about the beginning of plaintiff’s
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`employment to present, defendants failed to pay plaintiff on her regularly designated payday.
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`65.
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`Defendants actions were willful and intentional, and defendants were aware or should have
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`been aware that the practices described in this Complaint were unlawful, and defendants have not
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`made a good faith effort to comply with the Labor Law with respect to the compensation of
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`plaintiffs.
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`66.
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`As a proximate result of defendants’ unlawful conduct, plaintiff has suffered economic
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`damages in the form of unpaid regular wages in an amount to be determined at trial and are entitled
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`to recover the value of those unpaid regular wages plus an equivalent amount of liquidated
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`damages pursuant to the Labor Law, as well as reasonable attorneys’ fees and costs, and interest,
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`pursuant to the Labor Law.
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`Case 2:21-cv-10490 Document 1 Filed 12/08/21 Page 10 of 12
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`SEVENTH CAUSE OF ACTION AGAINST DEFENDANT
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`(Violations of Labor Law § 195(1))
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`67.
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`Plaintiff hereby repeats, reiterates and realleges each and every allegation set forth above
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`with the same force and effect as if more fully set forth herein.
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`68.
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`Defendants have failed to furnish to Plaintiff the information required by Labor Law §
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`195(1) at the time of her hiring or any time thereafter.
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`69.
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`Defendants were aware of should have been aware of its statutory obligation to provide
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`such information to Plaintiff.
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`70.
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`Due to Defendants’ violations of the Wage Theft Prevention Act (Labor Law § 195(1)),
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`Plaintiff is entitled to recover statutory damages from Defendants in the amount of $50.00 per day
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`that the violation occurred, capped at $5,00.00, plus attorney’s fees and costs of this action.
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`EIGHTH CAUSE OF ACTION AGAINST DEFENDANT
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`(Violations of Labor Law § 195(3))
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`71.
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`Plaintiff hereby repeats, reiterates and realleges each and every allegation set forth above
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`with the same force and effect as if more fully set forth herein.
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`72.
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`Defendants have failed to furnish to Plaintiff the information required by Labor Law §
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`195(3) at each payday.
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`73.
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`Defendants were aware of should have been aware of its statutory obligation to provide
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`such information to Plaintiff.
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`74.
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`Due to Defendant’s violations of the Wage Theft Prevention Act (Labor Law § 195(3)),
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`Plaintiff is entitled to recover statutory damages from Defendant in the amount of $250.00 per day
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`that the violation occurred, capped at $5,000.00, plus attorney’s fees and costs of this action.
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`Case 2:21-cv-10490 Document 1 Filed 12/08/21 Page 11 of 12
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` JURY DEMAND
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`Plaintiff respectfully requests a trial by Jury.
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`PRAYER FOR RELIEF
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`WHEREFORE, the Plaintiff respectfully requests that this Court enter an award:
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`(a)
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`Declaring the acts and practices complained of herein are in violation of the FLSA and
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`New York Labor Law;
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`(b)
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`Directing Defendants to pay Plaintiff her actual damages in an amount to be determined at
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`trial for lost minimum wages, regular wages, and overtime wages, liquidated damages and interest,
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`as provided by the FLSA and New York Labor Law;
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`(c)
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`Directing Defendants to pay Plaintiff her actual damages in an amount to be determined at
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`trial for failure to abide by Labor Law 191, and liquidated damages as provided by the Labor Law.
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`(d)
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`Directing Defendants to pay Plaintiff statutory damages capped at $5,000.00 each, for
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`violations of Labor Law § 195(1) and 195(3).
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`(e)
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`Awarding Plaintiff reasonable attorneys’ fees, together with the costs and disbursements
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`of this action, pursuant to the FLSA and Labor Law; and
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`(f)
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`Such other and further relief as this Court deems just and equitable.
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`Case 2:21-cv-10490 Document 1 Filed 12/08/21 Page 12 of 12
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`Dated: New York, New York
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`December 8, 2021
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`Respectfully Submitted,
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`LEVINE & BLIT, P.L.L.C.
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`___________________________
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`By: RUSSELL MORIARTY, ESQ.
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`Attorneys for Plaintiff
`Empire State Building
`350 Fifth Avenue, Suite 4020
`New York, NY 10118
`Phone: (212) 967-3000
`Fax:
`(212) 967-3010
`RMoriarty@LevineBlit.com
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