Seven individuals filed an employment law complaint against a collection of New York City stores that sell cell phones, accessories, and monthly cell phone plans last week. Their complaint alleges that the defendant stores and an owner-manager violated the Fair Labor Standards Act (FLSA) and the New York Labor Law (NYLL) by failing to pay them the overtime wages they were purportedly due.
The complaint explains that the six stores contract with MetroPCS New York, LLC, a subsidiary of T-Mobile, that manages and enters into agreements with entities that operate “Metro” branded stores in New York City, including the defendants. The parent company, T-Mobile provides wireless voice, messaging, and data services nationwide. MetroPCS allegedly “focuses on consumers interested in lower-priced service without the requirement of a long-term contract like Verizon or AT&T.” The plaintiffs aver that the six defendant stores constitute a single enterprise within the meaning of the FLSA and NYLL, and bring suit in a single filing.
The plaintiffs said they were employed at the New York City stores for different lengths of time from 2009 to 2020. There, their primary duties included selling phones, accessories, and phone plans. They were paid an hourly wage weekly via paychecks and a monthly cash commission on certain items they sold, the complaint states.
The plaintiffs averred that the stores did not record the time they started and ended work prior to 2018. Beginning in 2018, the defendants recorded start times only. The complaint describes how the plaintiffs “consistently” worked more than 40 hours per week, typically between 50 and 60 spread over six workdays. The complaint further states that the plaintiffs stayed later than the 7:30 p.m. store closure to finish their duties, did not receive a proper lunch break, and were not told by defendants what they were paid per hour, but were regularly paid less than the relevant minimum wage.
The lawsuit claims that the stores paid the plaintiffs less than they were due in violation of FLSA and NYLL minimum wage requirements. The defendants also failed to post relevant employment law notices in the workplace informing the plaintiffs of their entitlements under the laws. In addition, the plaintiffs’ paystubs reportedly did not contain the hours worked, the rate, or both. Because of these failures, the plaintiffs contend that the stores violated the law, including the New York Wage Theft Prevention Act (WTPA).
For the harm suffered, plaintiffs seek “unpaid minimum wages, overtime wages, liquidated damages, pre- and post-judgment interest, injunctive and declaratory relief against defendants’ unlawful actions, and attorneys’ fees and costs pursuant to the FLSA, NYLL and the WTPA.”
The plaintiffs are represented by the Law Offices of Mitchell Schley, LLC.
