On Friday a case was filed in the Southern District of New York. The case was filed by Hitendrasinh Parmar against the Fulton Family Pharmacy Inc., Wellcare Pharmacy, and additional employees. The case was filed regarding failures to comply with the Fair Labor Standards Act (FLSA) as well as New York and New Jersey State Labor Laws.
The plaintiff, according to the complaint, was hired as a chemist for the defendants and worked in various New York and New Jersey locations at the directives of his employers. The plaintiff was hired under an H1-B visa, which required compliance with state and federal labor and wage laws on the part of the employer. During the September and October 2019 time period, the plaintiff indicated that he frequentl worked overtime at the direction of the employers which was not compensated for at the time-and-a-half rate required. The plaintiff also indicated that the payments were frequently late and not on the payment schedule, causing violations of the labor code and hardship for the plaintiff.
The plaintiff is suing for violations of FLSA’s minimum and overtime wage provisions; violation of New York Labor law including delayed, unlawful deductions, and overtime wages; violation of New Jersey Labor law including delayed payments and overtime wages, and breach of contract. The plaintiff is represented by the Braverman law firm.