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FILED: NEW YORK COUNTY CLERK 10/29/2020 02:55 PM
`NYSCEF DOC. NO. 1
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`INDEX NO. 159244/2020
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`RECEIVED NYSCEF: 10/30/2020
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`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF NEW YORK
`AHKILAH BENJAMIN, individually and on behalf of all
`other persons similarly situated,
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`
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`Index No.:
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`Plaintiffs,
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`SUMMONS
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`- against -
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`CVS ALBANY, L.L.C., CVS PHARMACY, INC., and
`CVS HEALTH CORPORATION,
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` Defendants.
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`TO THE ABOVE NAMED DEFENDANTS:
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`YOU ARE HEREBY SUMMONED and required to submit to the attorneys of Plaintiffs
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`your answering papers to the Complaint in this action within 30 days after service of this
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`summons. In case of your failure to submit answering papers, judgment will be taken against you
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`by default for the relief demanded in the complaint.
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`DATED: New York, New York
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` October 29, 2020
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`To:
`CVS Albany, L.L.C.
`C/O CVS Pharmacy, Inc.
`Attn: Melanie Luker
`One CVS Drive,
`Woonsocket, Rhode Island, 02895
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`CVS Pharmacy, Inc.
`C T Corporation System
`28 Liberty St.
`New York, New York 10005
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`VIRGINIA & AMBINDER, LLP
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`By: s/ Lloyd R. Ambinder, Esq.
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`Lloyd R. Ambinder, Esq.
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`Jack L. Newhouse, Esq.
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`40 Broad Street, Seventh Floor
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`New York, New York 10004
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`Tel:
`(212) 943-9080
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`Fax:
`(212) 943-9082
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`lambinder@vandallp.com
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`1 of 8
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`FILED: NEW YORK COUNTY CLERK 10/29/2020 02:55 PM
`NYSCEF DOC. NO. 1
`
`INDEX NO. 159244/2020
`
`RECEIVED NYSCEF: 10/30/2020
`
`
`CVS Health Corporation
`One CVS Drive,
`Woonsocket, Rhode Island, 02895
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`2 of 8
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`FILED: NEW YORK COUNTY CLERK 10/29/2020 02:55 PM
`NYSCEF DOC. NO. 1
`
`INDEX NO. 159244/2020
`
`RECEIVED NYSCEF: 10/30/2020
`
`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF NEW YORK
`AHKILAH BENJAMIN, individually and on behalf of
`all other persons similarly situated,
`
`
`- against -
`
`Plaintiffs,
`
` Index No.:
`
`
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`CLASS ACTION COMPLAINT
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`CVS ALBANY, L.L.C., CVS PHARMACY, INC., and
`CVS HEALTH CORPORATION,
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`
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` Defendants.
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`Named Plaintiff Ahkilah Benjamin (“Named Plaintiff”), by her attorneys Virginia &
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`Ambinder, LLP, alleges upon knowledge to herself and upon information and belief as to all other
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`matters as follows:
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`PRELIMINARY STATEMENT
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`1.
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`This class action is brought against CVS Albany, L.L.C., CVS Pharmacy, Inc., and
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`CVS Health Corporation (Collectively “CVS” or “Defendants”) to recover uniform maintenance
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`allowance pursuant to 12 New York Codes, Rules, and Regulations (hereinafter referred to as
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`“NYCRR”) § 142-2.5.
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`2.
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`Named Plaintiff commenced this action on behalf of herself and a putative class of
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`individuals who are presently or were formerly employed by Defendants at CVS stores in New
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`York from March 20, 2014 to the present and were paid at or below the New York’s minimum
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`wage rate for at least one week (collectively “Plaintiffs”).
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`3.
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`Upon information and belief, since at least March 20, 2014, Defendants required
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`its employees in New York to wear uniforms without laundering those uniforms and without
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`providing compensation to such employees for the laundering or maintenance of those uniforms.
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`4.
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`This policy and practice is a violation of 12 NYCRR 142-2.5 with respect to each
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`employee whose regular rate of pay is at or below the minimum wage rate during any given week.
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`3 of 8
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`FILED: NEW YORK COUNTY CLERK 10/29/2020 02:55 PM
`NYSCEF DOC. NO. 1
`
`INDEX NO. 159244/2020
`
`RECEIVED NYSCEF: 10/30/2020
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`5.
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`Named Plaintiff commenced this action in the Supreme Court for the State of New
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`York, New York County because she resides in New York County and because she worked for
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`CVS in New York County.
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`THE PARTIES
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`6.
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`Named Plaintiff is an individual who is currently a resident of New York and was
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`employed by Defendants from February 2019 until October 2020.
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`7.
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`Defendant CVS Albany, L.L.C. is a New York limited liability company that, upon
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`information and belief, is wholly owned by CVS Pharmacy, Inc.
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`8.
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`Defendant CVS Pharmacy, Inc. is a Rhode Island corporation, with its principal
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`place of business at One CVS Drive, Woonsocket, Rhode Island, 02895, and is a wholly-owned
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`subsidiary of CVS Health Corporation.
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`9.
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`Defendant CVS Health Corporation is a business incorporated in Delaware and
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`headquartered in Woonsocket, Rhode Island. It is an integrated pharmacy health care company
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`that, together with its subsidiaries, operates hundreds of retail pharmacies within New York State.
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`10.
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`Upon information and belief, Defendants operate the CVS stores located in New
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`York State, including the store where Named Plaintiff was employed.
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`CLASS ALLEGATIONS
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`11.
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`This action is properly maintainable as a class action pursuant to Article 9 of the
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`New York Civil Practice Law and Rules.
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`12.
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`This action is brought on behalf of the Named Plaintiff and a putative class
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`consisting of each and every person who worked for Defendants at a store location within the State
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`of New York at any time between March 20, 2014 and the present and was paid at the minimum
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`wage rate for at least one week.
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`2
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`4 of 8
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`FILED: NEW YORK COUNTY CLERK 10/29/2020 02:55 PM
`NYSCEF DOC. NO. 1
`
`INDEX NO. 159244/2020
`
`RECEIVED NYSCEF: 10/30/2020
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`13.
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`The putative class is so numerous that joinder of all members is impracticable.
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`Although the precise number of such persons is presently unknown to the Named Plaintiff, upon
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`information and belief the size of the putative class is believed to be well in excess of 40
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`individuals.
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`14.
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`The questions of law and fact common to the putative class predominate over any
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`questions affecting only individual members. Common questions include, but are not limited to,
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`(1) whether Defendants were required to pay uniform maintenance allowance pursuant to 12
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`NYCRR 142-2.5; and (2) whether Defendants provided Plaintiffs with a uniform maintenance
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`allowance.
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`15.
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`In accordance with the schedules set forth in 12 NYCRR § 142-2.5, damages will
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`range from $4.75 per week (the lowest weekly allowance in 2014) to $18.65 per week (the highest
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`weekly allowance in 2020)1 based on the number of weeks worked during the relevant class period
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`at the minimum wage rate, the number of hours worked per week, the year in which the work was
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`performed, and the location within New York where the work was performed. These varying
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`damages are all computable using payroll and time records that Defendants are required by law to
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`create and maintain.
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`16.
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`The claims of the Plaintiff are typical to the claims of the class, because they are all
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`current or former employees of Defendants who wore required uniforms, paid at the minimum
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`wage and were subject to Defendants’ unlawful policy and practice of failing to pay uniform
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`maintenance allowance.
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`17.
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`The Named Plaintiff and her counsel will fairly and adequately protect the interests
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`of the putative class. The Named Plaintiff has retained counsel experienced in complex wage and
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`1 The weekly allowance amount is subject to increase in accordance with the New York Labor Law and NYCRR.
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`3
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`5 of 8
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`

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`FILED: NEW YORK COUNTY CLERK 10/29/2020 02:55 PM
`NYSCEF DOC. NO. 1
`
`INDEX NO. 159244/2020
`
`RECEIVED NYSCEF: 10/30/2020
`
`hour class action litigation.
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`18.
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`A class action is superior to other available methods for the fair and efficient
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`adjudication of this controversy, especially given the relatively small size of each individual claim.
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`19.
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`The maximum uniform maintenance allowance any one Plaintiff can be owed for
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`the period of March 20, 2014 through the date of the filing of this Complaint is under $5,000.00.
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`Such Plaintiff would have had to be employed in New York City and paid at the minimum wage
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`rate each week, working more than 30 hours per week for all 52 weeks per year since March 20,
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`2014.
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`20.
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`Named Plaintiff primarily worked for Defendants at their store located at 130
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`FACTS
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`Lenox Ave. in Manhattan from February 2019 until October 2020.
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`21.
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`22.
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`The CVS store where Plaintiff worked was operated by Defendants.
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`Defendants required Named Plaintiff and members of the putative class to wear a
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`uniform in the performance of their job duties.
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`23.
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`Named Plaintiff and members of the putative class wore uniforms with CVS’s logo
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`on it.
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`24.
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`Named Plaintiff’s regular rate of pay was $15.00 per hour during her employment
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`with Defendants.
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`25.
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`Like Plaintiff, members of the putative class were also required to wear a uniform
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`with CVS’s logo on it.
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`26. Defendants did not launder the uniforms of Named Plaintiff and putative class
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`members.
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`27. Defendants did not provide Named Plaintiff with compensation for the
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`laundering or maintenance of her uniform.
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`4
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`6 of 8
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`FILED: NEW YORK COUNTY CLERK 10/29/2020 02:55 PM
`NYSCEF DOC. NO. 1
`
`INDEX NO. 159244/2020
`
`RECEIVED NYSCEF: 10/30/2020
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`28.
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`Upon information and belief, like Plaintiff, members of the putative class were also
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`not provided with compensation for the laundering or maintenance of their uniforms.
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`29.
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`In accordance with the New York State Governor’s COVID-19 Executive Orders,
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`the statute of limitations has been and to this day remains tolled since March 20, 2020.
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`FIRST CAUSE OF ACTION AGAINST DEFENDANTS:
`FAILURE TO PAY ADDITIONAL AMOUNTS FOR LAUNDERING
`REQUIRED UNIFORMS
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`Named Plaintiff repeats and realleges the allegations set forth in the preceding
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`30.
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`paragraphs.
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`31.
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`The NYLL and the regulations promulgated thereunder, 12 NYCRR §142-2.5(c),
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`provide that where an employer fails to launder or maintain required uniforms for any employee,
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`the employer shall pay such employee, in addition to the minimum wage, a weekly allowance.
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`32.
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`This weekly allowance is determined based on the year worked, hours worked per
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`week, location worked, and the size of the employer.
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`33.
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`Defendants employed Named Plaintiff and members of the putative class in New
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`York at the New York State minimum wage rate and required such individuals to wear uniforms
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`during the performance of their job duties.
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`34.
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`In failing to launder the required uniforms and in failing to pay Plaintiffs the
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`uniform allowance, Defendants violated the NYLL and 12 NYCRR §142-2.5(c).
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`35.
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`Due to Defendant's violations of the NYLL, Plaintiffs are entitled to recover from
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`Defendants uniform maintenance allowance in accordance with the schedules set forth in 12
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`NYCRR 142-2.5(c), reasonable attorneys' fees, costs, pre-judgment and post-judgment interest,
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`and such other and further damages as is permitted in accordance with the NYLL and Article 9 of
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`the CPLR.
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`5
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`7 of 8
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`

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`FILED: NEW YORK COUNTY CLERK 10/29/2020 02:55 PM
`NYSCEF DOC. NO. 1
`
`INDEX NO. 159244/2020
`
`RECEIVED NYSCEF: 10/30/2020
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`WHEREFORE, Named Plaintiff, individually and on behalf of all other persons similarly
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`situated, demands judgment:
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`(1) For all Plaintiffs on their first cause of action, in an amount to be determined at trial, plus
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`reasonable attorneys' fees, costs, pre-judgment and post-judgment interest, and such other and
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`further damages as is permitted in accordance with the NYLL and Article 9 of the CPLR.
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`(2) any other and further relief the Court may deem appropriate.
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`Dated: New York, New York
`October 28, 2020
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`VIRGINIA & AMBINDER, LLP
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`_/s/Lloyd R. Ambinder, Esq.______
`By: Lloyd R. Ambinder, Esq.
`Jack L. Newhouse, Esq.
`40 Broad Street, 7th Floor
`New York, New York 10004
`Tel: (212) 943-9080
`jnewhouse@vandallp.com
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`Attorneys for Plaintiff and the putative class
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`6
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`8 of 8
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