Former employee brings FLSA and NYLL allegations against pharmacy

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Antigua Pharmacy, LLC was sued by former employee Nick Gioules on Tuesday over allegations that they failed to provide him with adequate compensation and retaliated against his efforts to obtain full compensation by firing him. The class and class action lawsuit, filed in the Southern District of New York, alleges violations of the Fair Labor Standards Act (FLSA) and the New York Labor Law (NYLL).

The plaintiff seeks collective certification and a jury trial. He is bringing an action against Antigua on behalf of all non-exempt employees who have experienced similar circumstances in their compensation.

Gioules said he was hired by Antigua in September 2019, where he worked as a supervising pharmacist at a salary of $ 55 per hour. Under overtime laws, he said the overtime rate would be $ 82.50 an hour if he had to work more than 40 hours in a single week. The Applicant explained that he regularly worked more than 45 hours and that he had never been properly paid. Despite the overtime rule, the defendant only paid the plaintiff $ 55.00 for each hour worked, regardless of the fact that he worked more than forty (40) hours per week for substantially every work week he worked. he worked for the defendants.

In addition to the lack of overtime pay, Gioules said he was not paid properly for his allotted hours. Under labor law, he said, a day when employees’ staggered hours exceed 10 hours calls for one-time compensation. However, Antigua did not keep records of the hours worked by the claimant in direct violation of the law. Gioules argued that he was not exempt from any law requiring employers to pay correct remuneration and therefore deserved correct and legal remuneration.

The complaint alleged that the defendants knew that they had violated federal and state laws and that the plaintiff had therefore suffered economic harm. They did not pay overtime and overtime properly, nor did they provide proper salary notices and pay stubs. In order to cover up their misconduct, the defendants evaded the record keeping requirements of the FLSA and NYLL and related regulations. This enabled them to facilitate their exploitation of the Gioules’ labor more easily since the complainant had no precise records of hours, payments or wages.

The claimant also explained that Antigua required him to pay for the supplies he needed, for a total amount of $ 10,541.89. They reimbursed Gioules $ 5,527.00 of the total sum, but when he attempted to deposit the check, the check was rejected and he was forced to pay bank charges for the bad check. When he complained about the check and demanded payment, he was fired in May 2020.

The complainant alleged seven violations of state labor law and federal labor law. He is represented by Shalom Law.

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