Patrascu v. Frederic Fekkai
- Posted on: Feb 28 2019
On February 13, 2019, Doina Patrascu filed a putative class and collective action Complaint against Frederic Fekkai New York LLC in the U.S. District Court for the Southern District of New York, which is assigned case number 1:19-cv-1376.
Scope of class and collective action members:
The lawsuit is brought on behalf of all individuals whom Frederic Fekkai employs or has employed as nail technicians since February 13, 2013.
Claims in the lawsuit:
The lawsuit alleges the following causes of action on behalf of the class and collective action members.
- Unpaid minimum wage under the Fair Labor Standards Act (“FLSA”) and New York Labor Law (“Labor Law”). The Complaint alleges that Frederic Fekkai paid the class members strictly by commission but those commissions, when divided by the hours worked, were not enough to meet the statutory minimum wage.
- Unlawful tip retention under the Labor Law. The Complaint alleges Frederic Fekkai unlawfully kept a portion of the class members tips.
- Failure to provide the Notice and Acknowledgement of Pay Rate and Payday under the N.Y. Lab. Law § 195.1. The Complaint alleges Frederic Fekkai failed to provide the class members this Notice when they were hired and at any point in their employment.
- On February 13, 2019, the Complaint was filed.
*This update is current as of February 28, 2019.