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Case 7:22-cv-03394-PMH Document 1 Filed 04/26/22 Page 1 of 11
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`
`
`STILLMAN LEGAL PC
`42 Broadway, 12th Floor
`New York, New York 10004
`www.FightForUrRights.com
`212-203-2417
`Attorneys for Plaintiffs
`
`
`UNITED STATES DISTRICT COURT
`SOUTHERN DISTRICT OF NEW YORK
`
`
`BLANCA JEREZ
`
`Plaintiffs,
`
` -v-
`
`DEMARIA'S HEMLOCK HILL FARM,
`LLC (DBA Hemlock Hill Farm) JOHN N.
`DEMARIA and LAURA DEMARIA, in
`their individual and professional capacity,
`
`Defendants.
`
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`COMPLAINT
`
`JURY TRIAL DEMANDED
`
`
`
`1.
`
`NATURE OF THE ACTION
`
`Plaintiff BLANCA JEREZ (collectively “Plaintiff”) brings this action under the
`
`Fair Labor Standards Act ("FLSA"), 29 U.S.C. § 216 (b) in order to remedy Defendants’
`
`wrongful withholding of Plaintiffs' lawfully earned wages and overtime compensation.
`
`Plaintiff also bring these claims under New York Labor Law ("NYLL"), Article 6, §§ 190 et
`
`seq., and Article 19 §§ 650 et seq. as well as the supporting New York State Department of
`
`Labor Regulations for violations of minimum wages, overtime wages, spread-of-hours pay,
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`misappropriation of tips, and notice and record-keeping requirements.
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`Case 7:22-cv-03394-PMH Document 1 Filed 04/26/22 Page 2 of 11
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`
`
`SUMMARY
`
`2.
`
`Plaintiff was employed by Defendants, DEMARIA'S HEMLOCK HILL FARM,
`
`LLC, JOHN N. DEMARIA and LAURA DEMARIA (collectively “Defendants”) as a clerk at
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`the butcher shop for Defendants' farm.
`
`3.
`
`4.
`
`5.
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`6.
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`Plaintiffs' job duties included, but were not limited to, feed the animals.
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`The farm had a time clock system intended for employees to clock in their hours.
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`Plaintiff was not paid properly for the entire number of hours she worked.
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`Plaintiff worked long hours exceeding fifty-four (54) hours per week for
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`Defendants.
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`7.
`
`Defendants have repeatedly deprived Plaintiff of her lawfully earned wages,
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`overtime and spread-of-hours premium.
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`8.
`
`Defendants also repeatedly delayed paying Plaintiffs their lawfully earned wages
`
`even after continuous reminders from Plaintiff.
`
`9.
`
`The Individual Defendants are associated and are joint employers, act in the
`
`interest of each other with respect to Corporate Defendants' employees, and have common
`
`policies and practices as to wages and hours.
`
`10.
`
`Defendants accepted the benefits of Plaintiffs' labor, and in return Plaintiff
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`received less than what was legally required in compensation.
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`11.
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`As a result of Defendants’ actions, Plaintiff has suffered great hardship and
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`damages.
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`Case 7:22-cv-03394-PMH Document 1 Filed 04/26/22 Page 3 of 11
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`
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`JURISDICTION AND VENUE
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`Federal Question Jurisdiction and Supplemental Jurisdiction
`
`12.
`
`This Court has original subject matter jurisdiction over this action under 28
`
`U.S.C. § 1331 because the civil action herein arises under the laws of the United States, namely,
`
`the Fair Labor Standards Act and 29 U.S.C. §201 et seq. Additionally, this Court also has
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`supplemental jurisdiction over Plaintiffs' state law claims under 28 U.S.C. §1367.
`
`Personal Jurisdiction
`
`13.
`
`This Court may properly maintain personal jurisdiction over Defendants under
`
`Rule 4 of the Federal Rules of Civil Procedure because Defendants’ contacts with this state and
`
`this judicial district are sufficient for exercise of jurisdiction over Defendants so as to comply
`
`with traditional notions of fair play and substantial justice.
`
`Venue
`
`14.
`
`Venue is proper in the Southern District of New York under 8 U.S.C. §§1391 (b)
`
`(1) and (2) because Defendants reside and conduct business in this judicial district and because
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`a substantial part of the acts or omissions giving rise to the claims set forth herein occurred in
`
`this judicial district.
`
`BLANCA JEREZ
`
`THE PARTIES
`
`(Plaintiffs)
`
`15.
`
`Plaintiff Blanca Jerez (“Jerez”) is an adult individual residing in the state of New
`
`York, Westchester County.
`
`16.
`
`17.
`
`Jerez is a covered employee within the meaning of the FLSA and the NYLL.
`
`Jerez worked for Defendants from June 11, 2019 until March 16, 2022.
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`Case 7:22-cv-03394-PMH Document 1 Filed 04/26/22 Page 4 of 11
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`
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`18.
`
`Jerez was employed at Hemlock Hill Farm a farm owned by Defendants, located
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`at 500 Croton Avenue Cortlandt, NY 10567.
`
`19.
`
`20.
`
`Jerez's duties included, but were not limited to: feeding the farm animals
`
`During the period of her employment with Defendants, Jerez worked six days per
`
`week for an average of nine hours per day. From the second week of January 2022 until the date
`
`of termination she worked Monday through Friday.
`
`21.
`
`Ledesma was scheduled to work from 7:30 a.m. to 5 p.m. Nevertheless, Jerez was
`
`frequently required to stay working past her shift to attend to customers.
`
`22.
`
`Throughout her employment with Defendants, Jerez was being compensated at a
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`rate of Seventeen Dollars ($17) per hour. In 2021, they raised her hourly wage to twenty-one
`
`($21) per hour. She was paid in cash.
`
`23.
`
`In 2020, she worked 1 or 2 hours of overtime a week. From April 2021 until
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`January 2022, she worked more hours, sometimes working on Sunday and leaving her post at 5
`
`or 6 P.M.
`
`24.
`
`Defendant repeatedly suffered or permitted Jerez to work over fifty-four (54)
`
`hours per week, which is in excess of the standard forty (40) hours per week, as a farmworker
`
`without paying her the appropriate premium overtime pay of one- and one-half times the
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`statutory minimum.
`
`25.
`
`Jerez was not provided with a notice containing the rate and basis of her pay; the
`
`designated pay date; and the employer's name, address and telephone number at the time of
`
`hiring or at any point thereafter.
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`26.
`
`Jerez was never provided with wage statements detailing dates worked, money
`
`received and the employer's details at any point during the time of her employment with
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`Case 7:22-cv-03394-PMH Document 1 Filed 04/26/22 Page 5 of 11
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`
`
`Defendants.
`
`27.
`
`Upon information and belief, while Defendants employed Jerez, they failed to
`
`post notices explaining the minimum wage rights of employees under the FLSA and NYLL and
`
`failed to inform Jerez of such rights.
`
`28.
`
`Throughout the duration of her employment, Jerez did not have any supervisory
`
`authority nor did she exercise discretion or independent judgment with respect to matters of
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`significance.
`
`29.
`
`Jerez consents to be a party to the FLSA claims in this action, pursuant to 29
`
`U.S.C. §216(b).
`
`DEMARIA’S HEMLOCK HILL FARM, LLC
`
`(Corporate Defendant)
`
`30.
`
`DEMARIA’S HEMLOCK HILL FARM, LLC (“Hemlock Hill Farm”) is a
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`corporation doing business in New York as “Hemlock Hill Farm”.
`
`31.
`
`DEMARIA’S HEMLOCK HILL FARM, LLC owns and operates Hemlock Hill
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`Farm, a farm, located at 500 Croton Avenue Cortlandt, NY 10567.
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`32.
`
`At all relevant times, Hemlock Hill Farm was a covered employer and "an
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`enterprise engaged in commerce" within the meaning of the FLSA and the NYLL.
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`33.
`
`At all relevant times, Hemlock Hill Farm maintained control, oversight, and
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`direction over the Plaintiff, including timekeeping, payroll and other employment practices that
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`applied to them.
`
`34.
`
`Upon information and belief, at all relevant times, DEMARIA'S HEMLOCK
`
`HILL FARM, LLC 's annual gross volume of sales made, or business done, was not less than
`
`$500.000, exclusive of separate retail excise taxes, within the meaning of the FLSA, 29 U.S.C.
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`Case 7:22-cv-03394-PMH Document 1 Filed 04/26/22 Page 6 of 11
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`
`
`§ 203(s)(1)(a)(ii).
`
`JOHN N. DEMARIA
`
`(Individual Defendants)
`
`35.
`
`Upon information and belief, at all relevant times, JOHN N. DEMARIA,
`
`(“DEMARIA”) was, at the time of Plaintiffs' employment, owner, member, and authorized
`
`operator, manager, and agent of Corporate Defendants.
`
`36.
`
`At all relevant times throughout the Plaintiffs’ employment, DEMARIA had the
`
`discretionary power to create and enforce personnel decisions on behalf of the Corporate
`
`Defendants, including but not limited to: hiring and terminating employees; setting and
`
`authorizing issuance of wages; maintaining employee records; setting Plaintiff' schedules; and
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`otherwise controlling the terms and conditions of the working conditions for the Plaintiff while
`
`she was employed by Defendants.
`
`37.
`
`At all relevant times throughout Plaintiff’ employment, DEMARIA was actively
`
`involved in the day-to-day operations of the Corporate Defendants.
`
`38.
`
`At all relevant times throughout Plaintiff’ employment, DEMARIA was a
`
`"covered employer" within the meaning of the FLSA and the NYLL, and employed or jointly
`
`employed Plaintiff, and is personally liable for the unpaid wages sought herein, pursuant to 29
`
`U.S.C. § 203(d).
`
`LAURA DEMARIA
`
`39.
`
`Upon information and belief, at all relevant times, LAURA DEMARIA,
`
`(“DEMARIA”) was, at the time of Plaintiffs' employment, owner, member, and authorized
`
`operator, manager, and agent of Corporate Defendants.
`
`40.
`
`At all relevant times throughout the Plaintiffs’ employment, DEMARIA had the
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`Case 7:22-cv-03394-PMH Document 1 Filed 04/26/22 Page 7 of 11
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`
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`discretionary power to create and enforce personnel decisions on behalf of the Corporate
`
`Defendants, including but not limited to: hiring and terminating employees; setting and
`
`authorizing the issuance of wages; maintaining employee records; setting Plaintiff' schedules;
`
`and otherwise controlling the terms and conditions of the working conditions for the Plaintiff
`
`while she was employed by Defendants.
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`41.
`
`At all relevant times throughout Plaintiff’ employment, DEMARIA was actively
`
`involved in the day-to-day operations of the Corporate Defendants.
`
`42.
`
`At all relevant times throughout Plaintiff’ employment, DEMARIA was a
`
`"covered employer" within the meaning of the FLSA and the NYLL, and employed or jointly
`
`employed Plaintiff, and is personally liable for the unpaid wages sought herein, pursuant to 29
`
`U.S.C. § 203(d).
`
`FIRST CAUSE OF ACTION
`
`Fair Labor Standards Act – Unpaid Overtime Wages
`
`Plaintiff reallege and incorporate by reference the allegations made in all
`
`43.
`
`preceding paragraphs as if fully set forth herein.
`
`44.
`
`The overtime wage provisions set forth in the FLSA, 29 U.S.C. § 207 (a)(1) and
`
`the supporting federal regulations, apply to Defendants and protect Plaintiff.
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`45.
`
`Defendants have failed to pay Plaintiff overtime wages at a rate of one and one-
`
`half times the regular rate at which she was employed for but under no instance less than one and
`
`one-half times the statutory minimum wage for all of the hours that she worked in excess of forty
`
`(48) hours per workweek.
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`46.
`
`As a result of Defendants' violations of the FLSA, Plaintiff has been deprived of
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`overtime compensation and other wages in amounts to be determined at trial, and are entitled to
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`Case 7:22-cv-03394-PMH Document 1 Filed 04/26/22 Page 8 of 11
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`
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`recovery of such amounts, liquidated damages, attorneys' fees, costs, and other compensation
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`pursuant to 29 U.S.C. § 216 (b).
`
`SECOND CAUSE OF ACTION
`
`New York Labor Law – Unpaid Overtime wages
`
`Plaintiff reallege and incorporate by reference all allegations in all preceding
`
`47.
`
`paragraphs.
`
`48.
`
`The overtime wage provisions as set forth in NYLL §§ 190 et seq. and the
`
`supporting New York State Department of Labor Regulations apply to Defendants and protect
`
`Plaintiff.
`
`49.
`
`Defendants have failed to pay Plaintiff proper overtime to which she was entitled
`
`to at a wage rate of one and one-half times the employee's regular rate but under no instance less
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`than one and one-half times the statutory minimum wage as defined by the New York State
`
`Department of Labor regulations, including but not limited to 12 N.Y.C.R.R. Part 146-1.4.
`
`50.
`
`Through their knowing or intentional failure to pay Plaintiff proper overtime
`
`wages for hours worked in excess of forty (40) hours per workweek, Defendants have willfully
`
`violated the NYLL §§ 190 et seq., and the supporting New York State Department of Labor
`
`Regulations.
`
`51.
`
`Due to Defendants' violations of the NYLL, Plaintiff is entitled to recover from
`
`Defendants her unpaid overtime wages, liquidated damages as provided for by the NYLL,
`
`reasonable attorneys' fees and costs of the action, pre-judgment and post-judgment interest.
`
`
`
`THIRD CAUSE OF ACTION
`
`New York Labor Law– Failure to Provide Notice at the Time of Hiring
`
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`Case 7:22-cv-03394-PMH Document 1 Filed 04/26/22 Page 9 of 11
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`52.
`
`Plaintiff reallege and incorporate by reference all allegations in all preceding
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`paragraphs.
`
`53.
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`Defendants have failed to provide Plaintiff, at the time of hiring, a notice
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`containing the rate of pay and basis thereof, whether paid by the hour, shift, day, week, salary,
`
`piece, commission, or other; the regular pay day designated by the employer; the physical address
`
`of the employer's main office or principal place of business; the telephone number of the
`
`employer, and anything otherwise required by law, in violation of NYLL § 195(1).
`
`54.
`
`Due to Defendants' violations of the NYLL § 195(1), Plaintiff are entitled to
`
`recover from Defendants statutory damages of fifty dollars ($50) per workweek that the violation
`
`occurred, up to a maximum of Two Thousand Five Hundred Dollars ($2,500), until February 26,
`
`2015, and statutory damages of Fifty dollars ($50) per workday that the violation occurred, up to
`
`a maximum of Five Thousand Dollars ($5,000), thereafter, pursuant to NYLL § 198 (1-b).
`
`FOURTH CAUSE OF ACTION
`
`New York Labor Law– Failure to Provide Wage Statements
`
`Plaintiff realleges and incorporate by reference all allegations in all preceding
`
`55.
`
`paragraphs.
`
`56.
`
`Defendants have failed to provide Plaintiff with accurate wage statements listing
`
`their rate of pay; the period covered; and overtime pay, in violation of NYLL § 195(3).
`
`57.
`
`Due to Defendants’ violations of the NYLL, Plaintiff is entitled to recover from
`
`Defendants One Hundred Dollars ($100) for each workweek that the violations occurred, up to a
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`maximum of Two Thousand Five Hundred Dollars ($2,500), until February 26, 2015, and
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`statutory damages of Two Hundred and Fifty dollars ($250) per workday that the violation
`
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`Case 7:22-cv-03394-PMH Document 1 Filed 04/26/22 Page 10 of 11
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`
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`occurred, up to a maximum of Five Thousand Dollars ($5,000), thereafter, pursuant to NYLL §
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`198 (1-d).
`
`DEMAND FOR TRIAL BY JURY
`
`58.
`
`Pursuant to Rule 38(b) of the Federal Rules of Civil Procedure, Plaintiff demand
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`a trial by jury of all issues so triable in this action.
`
`PRAYER FOR RELIEF
`
`WHEREFORE, Plaintiff seek the following relief:
`
`A.
`
`Issuance of a declaratory judgment that the practices complained of in this
`
`complaint are unlawful under the Fair Labor Standards Act, 29 U.S.C. §§ 201 et seq., New York
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`Labor Law, Article 6, §§ 190 et seq., and Article 19, §§ 650 et seq., and the supporting New
`
`York State Department of Labor Regulations;
`
`B.
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`Unpaid minimum wages, tips, and overtime pay under the FLSA and an
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`additional and equal amount as liquidated damages pursuant to 29 U.S.C. § 216(b) and the
`
`supporting United States Department of Labor regulations;
`
`C.
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`Liquidated damages equal to the amount of all late payments received by
`
`Plaintiff, pursuant to 29 U.S.C.A. § 216(b) and 29 C.F.R. § 790.21;
`
`D.
`
`Unpaid minimum wages and overtime wages under NYLL an additional and
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`equal amount as liquidated damages pursuant to NYLL §198(1-a) and §663(1);
`
`E.
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`Liquidated damages equal to the amount of all late payments received by
`
`Plaintiff, pursuant to NYLL § 198 (1-a);
`
`F.
`
`An award of statutory damages for Defendants' failure to provide Plaintiff with a
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`wage notice at the time of hiring pursuant to NYLL § 198 (1-b);
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`Case 7:22-cv-03394-PMH Document 1 Filed 04/26/22 Page 11 of 11
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`
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`G.
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`An award of statutory damages for Defendants' failure to provide Plaintiff with
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`accurate wage statements pursuant to NYLL § 198 (1-d);
`
`H.
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`An award of front pay, lost compensation, costs and reasonable attorneys' fees,
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`and liquidated damages pursuant to NYLL § 215(2)(a);
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`I.
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`A permanent injunction requiring Defendants to pay all statutorily required wages
`
`pursuant to the FLSA and NYLL;
`
`J.
`
`If liquidated damages pursuant to FLSA, 29 U.S.C. § 216(b), are not awarded, an
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`award of prejudgment interest pursuant to 28 U.S.C. § 1961;
`
`K.
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`An award of pre-judgment interest of nine per centum per annum (9%) pursuant
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`to the New York Civil Practice Law and Rules §§ 5001-5004;
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`L.
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`An award of post-judgment interest pursuant to 28 U.S.C. § 1961 and/or the New
`
`York Civil Practice Law and Rules § 5003;
`
`M.
`
`An award of attorney's fees, costs, and further expenses up to fifty dollars,
`
`pursuant to 29 U.S.C. § 216(b), and NYLL §§ 198 and 663(1);
`
`N.
`
`Such other relief as this Court shall deem just and proper.
`
`
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`Dated: New York, New York
`
`April 26, 2022
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`Respectfully submitted,
`STILLMAN LEGAL PC
`
`
`
`
`
`By:
`
`
`
`/s/Lina Stillman
`Stillman Legal, PC
`42 Broadway, 12th Floor
`New York, New York 10004
`Telephone: 1800-933-5620
`Attorneys for Plaintiff
`
`
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