Preview
FILED: KINGS COUNTY CLERK 11/30/2018 08:47 AM INDEX NO. 524060/2018
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 11/30/2018
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
Delta Pascal, Index #:
Plaintiff, Summons
-v-
Brian Haley, and Date Filed:
Erin McCutcheon,
Jury Trial Demanded
Defendants.
TO: Brian Haley, and Erin McCutcheon (Defendants)
300 Ashland Place, Suite 17T, Brooklyn, NY 11217
YOU ARE HEREBY SUMMONED and required to answer the complaint in this action
and to serve a copy of your answer, on the plaintiff's attorney within twenty-one (21) days after
completion of service of this summons, exclusive of the day of service, or within thirty-one (31)
days after service is complete if this summons is not personally delivered to you within the State
of New York. In case of your failure to appear or answer, judgment will be taken against you by
default for the relief demanded in the complaint. Kings County is designated as the proper venue
for the filing and trial of this action because Plaintiff resides and worked in Kings County, New
York.
Dated: Queens Village, New York
November 30, 2018
Respectfully submitted,
Abdul Hassan Law Group, PLLC
Abdul Hassan
____________________________
By: Abdul K. Hassan, Esq. - Counsel for Plaintiff
215-28 Hillside Avenue, Queens Village, NY 11427
Tel: 718-740-1000 - Fax: 718-740-2000 - Email: abdul@abdulhassan.com
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FILED: KINGS COUNTY CLERK 11/30/2018 08:47 AM INDEX NO. 524060/2018
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 11/30/2018
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
Delta Pascal, Index #:
Plaintiff, COMPLAINT
-v-
Date Filed:
Brian Haley, and
Erin McCutcheon, JURY TRIAL DEMANDED
Defendants.
Plaintiff Delta Pascal (“Plaintiff” or “Pascal”), by Abdul Hassan Law Group, PLLC, her
attorney, complaining of the Defendants Brian Haley, and Erin McCutcheon (collectively
“Defendants”), respectfully alleges as follows:
NATURE OF THE ACTION
1. Plaintiff alleges that she was employed by Defendants, individually and/or jointly, and pursuant
to New York Labor Law (“NYLL”), she is: (i) entitled to unpaid overtime wages from
Defendants for working more than forty in a week and not being paid an overtime rate of at least
1.5 times her normal/regular rate of pay for each and all such hours over forty in a week, and (ii)
entitled to liquidated damages, costs and attorneys’ fees, pursuant to the New York Labor Law,
including NYLL 170, 191, and 198;
2. Plaintiff is also entitled to recover her unpaid wages, including unpaid overtime wages, and
unlawful wage deductions, under Article 6 of the New York Labor Law including Section 191,
193, and compensation for not receiving notices and statements required by NYLL 195, under
Article 6 of the New York Labor Law and is also entitled to maximum liquidated damages
and/or interest, and attorneys’ fees pursuant to Section 198 of the New York Labor Law.
3. The damages/recovery sought by Plaintiff exceed the jurisdictional requirement of this Court.
THE PARTIES
4. Plaintiff is an adult, over eighteen years old, who currently resides in Kings County in the State
of New York.
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5. Upon Information and belief and at all times relevant herein Defendant Brian Haley (“Haley”)
was a person who resided in Kings County, New York at 300 Ashland Place, Suite 17T,
Brooklyn, NY 11217.
6. Upon Information and belief and at all times relevant herein Defendant Erin McCutcheon
(“McCutcheon”) was a person who resided in Kings County, New York at 300 Ashland Place,
Suite 17T, Brooklyn, NY 11217.
7. Upon information and belief and at all times relevant herein, Defendants Brian Haley and Erin
McCutcheon are believed to be married to each other, and individually and/or jointly, controlled
the employment of Plaintiff and was responsible for hiring, firing, scheduling, controlling,
managing, supervising, and record-keeping as to Plaintiff’s employment, among other
employment functions.
8. At all times relevant herein, Plaintiff was employed individually and/or jointly by Defendants.
STATEMENT OF FACTS
9. Plaintiff was employed by Defendants, individually and/or jointly from on or about October 28,
2017 to on or about March 2, 2018.
10. At all times relevant herein, Plaintiff was employed by Defendants, individually and/or jointly
as a domestic worker (non live-in) to perform manual household services for Defendants,
among other duties.
11. At all times relevant herein, Plaintiff was paid at an hourly rate of $18 an hour for 50 hours
worked each week and for the remaining overtime hours worked, Plaintiff was paid at a rate of
$20 per hour.
12. At all times relevant herein, Plaintiff was not paid at a rate of at least 1.5 times her regular rate
for each and all hours overtime hours (hours over 40 in a week) worked in a week, for each
week during her employment with Defendants.
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13. At all times relevant herein, Plaintiff worked 50-54 or more hours a week for Defendants, 5
days a week– these numbers will be refined when Defendants produce accurate wage, time and
employment records they were required to keep under NYLL.
14. At all times relevant herein, Defendants, individually and/or jointly, failed and willfully failed to
pay Plaintiff an overtime rate of 1.5 times her normal/regular rate of pay for each and all hours
worked in excess of forty hours a week.
15. At all times relevant herein, Defendants did not provide Plaintiff with the notice(s) required by
NYLL 195(1).
16. At all times relevant herein, Defendants not provide Plaintiff with the statement(s) required by
NYLL 195(3).
17. All times applicable or relevant herein as to the NYLL claims refer to the six-year period at the
time of filing of this complaint.
18. The relevant and applicable times will be refined as is necessary, including after discovery if
necessary.
19. The “present” or the “present time” as used in this complaint refers to the date this complaint
was signed.
AS AND FOR A FIRST CAUSE OF ACTION
NYLL 170, 191, and 198 (Unpaid Overtime)
20. Plaintiff alleges and incorporates by reference the allegations in paragraphs 1 through 19 above
as if set forth fully and at length herein.
21. At all times relevant to this action, Plaintiff was employed by Defendants, individually and/or
jointly, within the meaning of the New York Labor Law, §§ 2, 170, 190 et Seq., and 651 and the
regulations thereunder.
22. At all times relevant to this action, Defendants, individually and/or jointly, failed and willfully
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failed to pay Plaintiff overtime wages at rates of at least 1.5 times her normal/regular rate of pay
for each and all hours she worked in excess of forty hours in a week, in violation of the N.Y.
Lab. Law § 170.
Relief Demanded
23. Due to Defendants’ New York Labor Law violations, Plaintiff is entitled to recover from
Defendants, her unpaid overtime wages, maximum liquidated damages, reasonable attorneys'
fees, and costs of the action, pursuant to N.Y. Labor Law. §§ 170, 191, 198.
AS AND FOR A SECOND CAUSE OF ACTION
(NYLL § 190, 191, 193, 195 and 198)
24. Plaintiff alleges and incorporates each and every allegation contained in paragraphs 1 through
23 above with the same force and effect as if fully set forth at length herein.
25. At all times relevant to this action, Plaintiff was employed by Defendants, individually and/or
jointly, within the meaning of the New York Labor Law §§ 190 et seq., including §§ 191, 193,
195 and 198 and the applicable regulations thereunder and defendants were persons within the
meaning of NYLL 198-b.
26. At all relevant times herein, Defendants individually and/or jointly violated Plaintiff’s rights
under NY Labor Law § 190 et seq. including NY Labor Law §§ 191, 193 and 198 by failing to
pay Plaintiff her wages, including her unpaid overtime wages (FLSA and NYMWA), as
required under NY Labor Law § 190 et seq.
27. At all times relevant herein, Defendants, individually and/or jointly, failed and willfully failed to
provide Plaintiff with the notice(s) required by NYLL 195(1) – Plaintiff is therefore entitled to
and seeks to recover in this action the maximum recovery for this violation, plus attorneys’ fees
and costs pursuant to NYLL 198 including NYLL 198(1-b), as well as an injunction directing
Defendants to comply with NYLL 195(1).
28. At all times relevant herein, Defendants, individually and/or jointly, failed and willfully failed to
provide Plaintiff with the statement(s) required by NYLL 195(3) – Plaintiff is therefore entitled
to and seeks to recover in this action the maximum recovery for this violation, plus attorneys’
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fees and costs pursuant to NYLL 198 including NYLL 198(1-d), as well as an injunction
directing Defendants to comply with NYLL 195(3).
Relief Demanded
29. Due to Defendants’ New York Labor Law Article 6 violations including violation of sections
191, 193 and 198, Plaintiff is entitled to recover from Defendants, individually and/or jointly,
her entire unpaid wages, including her unpaid overtime wages, wage deductions, maximum
liquidated damages, prejudgment interest, maximum recovery for violations of NYLL 195(1)
and NYLL 195(3), reasonable attorneys’ fees, and costs of the action, pursuant to N.Y. Labor
Law § 190 et seq. including § 198.
PRAYER FOR RELIEF
WHEREFORE, Plaintiff respectfully requests that this Court grant the following relief:
30. Declare Defendants, individually and/or jointly, to be the employers of Plaintiff under the New
York Labor Law, and to be in violation of the rights of Plaintiff, under the New York Labor
Law – NYLL 170, and Article 6 of the NYLL § 190 et Seq;
31. As to the First Cause of Action, award Plaintiff, her unpaid overtime wages due under NYLL
170, 191, together with maximum liquidated damages, costs and attorneys’ fees pursuant to
N.Y. Lab. Law §§ 663, 198;
32. As to the Second Cause of Action, award Plaintiff her entire unpaid wages, including her
unpaid overtime wages, wage deductions, maximum liquidated damages, prejudgment interest,
maximum recovery for violations of NYLL 195(1) and NYLL 195(3), reasonable attorneys’
fees, and costs of the action, pursuant to N.Y. Labor Law § 190 et seq. including § 198, and
directing Defendants to comply with NYLL 195(1) and NYLL 195(3).
33. Award Plaintiff, any relief requested or stated in the preceding paragraphs but which has not
been requested in the WHEREFORE clause or “PRAYER FOR RELIEF”, in addition to the
relief requested in the wherefore clause/prayer for relief;
34. Award Plaintiff such other, further and different relief as the Court deems just and proper.
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Dated: Queens Village, New York
November 30, 2018
Respectfully submitted,
Abdul Hassan Law Group, PLLC,
Abdul Hassan
________________________________
By: Abdul K. Hassan, Esq.
215-28 Hillside Avenue
Queens Village, NY 11427
Tel: 718-740-1000 - Fax: 718-740-2000
Email: abdul@abdulhassan.com
Counsel for Plaintiff
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Preview
FILED: KINGS COUNTY CLERK 11/30/2018 08:47 AM INDEX NO. 524060/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 11/30/2018 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS Delta Pascal, Index #: Plaintiff, Summons -v- Brian Haley, and Date Filed: Erin McCutcheon, Jury Trial Demanded Defendants. TO: Brian Haley, and Erin McCutcheon (Defendants) 300 Ashland Place, Suite 17T, Brooklyn, NY 11217 YOU ARE HEREBY SUMMONED and required to answer the complaint in this action and to serve a copy of your answer, on the plaintiff's attorney within twenty-one (21) days after completion of service of this summons, exclusive of the day of service, or within thirty-one (31) days after service is complete if this summons is not personally delivered to you within the State of New York. In case of your failure to appear or answer, judgment will be taken against you by default for the relief demanded in the complaint. Kings County is designated as the proper venue for the filing and trial of this action because Plaintiff resides and worked in Kings County, New York. Dated: Queens Village, New York November 30, 2018 Respectfully submitted, Abdul Hassan Law Group, PLLC Abdul Hassan ____________________________ By: Abdul K. Hassan, Esq. - Counsel for Plaintiff 215-28 Hillside Avenue, Queens Village, NY 11427 Tel: 718-740-1000 - Fax: 718-740-2000 - Email: abdul@abdulhassan.com 1 1 of 7 FILED: KINGS COUNTY CLERK 11/30/2018 08:47 AM INDEX NO. 524060/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 11/30/2018 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS Delta Pascal, Index #: Plaintiff, COMPLAINT -v- Date Filed: Brian Haley, and Erin McCutcheon, JURY TRIAL DEMANDED Defendants. Plaintiff Delta Pascal (“Plaintiff” or “Pascal”), by Abdul Hassan Law Group, PLLC, her attorney, complaining of the Defendants Brian Haley, and Erin McCutcheon (collectively “Defendants”), respectfully alleges as follows: NATURE OF THE ACTION 1. Plaintiff alleges that she was employed by Defendants, individually and/or jointly, and pursuant to New York Labor Law (“NYLL”), she is: (i) entitled to unpaid overtime wages from Defendants for working more than forty in a week and not being paid an overtime rate of at least 1.5 times her normal/regular rate of pay for each and all such hours over forty in a week, and (ii) entitled to liquidated damages, costs and attorneys’ fees, pursuant to the New York Labor Law, including NYLL 170, 191, and 198; 2. Plaintiff is also entitled to recover her unpaid wages, including unpaid overtime wages, and unlawful wage deductions, under Article 6 of the New York Labor Law including Section 191, 193, and compensation for not receiving notices and statements required by NYLL 195, under Article 6 of the New York Labor Law and is also entitled to maximum liquidated damages and/or interest, and attorneys’ fees pursuant to Section 198 of the New York Labor Law. 3. The damages/recovery sought by Plaintiff exceed the jurisdictional requirement of this Court. THE PARTIES 4. Plaintiff is an adult, over eighteen years old, who currently resides in Kings County in the State of New York. 1 2 of 7 FILED: KINGS COUNTY CLERK 11/30/2018 08:47 AM INDEX NO. 524060/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 11/30/2018 5. Upon Information and belief and at all times relevant herein Defendant Brian Haley (“Haley”) was a person who resided in Kings County, New York at 300 Ashland Place, Suite 17T, Brooklyn, NY 11217. 6. Upon Information and belief and at all times relevant herein Defendant Erin McCutcheon (“McCutcheon”) was a person who resided in Kings County, New York at 300 Ashland Place, Suite 17T, Brooklyn, NY 11217. 7. Upon information and belief and at all times relevant herein, Defendants Brian Haley and Erin McCutcheon are believed to be married to each other, and individually and/or jointly, controlled the employment of Plaintiff and was responsible for hiring, firing, scheduling, controlling, managing, supervising, and record-keeping as to Plaintiff’s employment, among other employment functions. 8. At all times relevant herein, Plaintiff was employed individually and/or jointly by Defendants. STATEMENT OF FACTS 9. Plaintiff was employed by Defendants, individually and/or jointly from on or about October 28, 2017 to on or about March 2, 2018. 10. At all times relevant herein, Plaintiff was employed by Defendants, individually and/or jointly as a domestic worker (non live-in) to perform manual household services for Defendants, among other duties. 11. At all times relevant herein, Plaintiff was paid at an hourly rate of $18 an hour for 50 hours worked each week and for the remaining overtime hours worked, Plaintiff was paid at a rate of $20 per hour. 12. At all times relevant herein, Plaintiff was not paid at a rate of at least 1.5 times her regular rate for each and all hours overtime hours (hours over 40 in a week) worked in a week, for each week during her employment with Defendants. 2 3 of 7 FILED: KINGS COUNTY CLERK 11/30/2018 08:47 AM INDEX NO. 524060/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 11/30/2018 13. At all times relevant herein, Plaintiff worked 50-54 or more hours a week for Defendants, 5 days a week– these numbers will be refined when Defendants produce accurate wage, time and employment records they were required to keep under NYLL. 14. At all times relevant herein, Defendants, individually and/or jointly, failed and willfully failed to pay Plaintiff an overtime rate of 1.5 times her normal/regular rate of pay for each and all hours worked in excess of forty hours a week. 15. At all times relevant herein, Defendants did not provide Plaintiff with the notice(s) required by NYLL 195(1). 16. At all times relevant herein, Defendants not provide Plaintiff with the statement(s) required by NYLL 195(3). 17. All times applicable or relevant herein as to the NYLL claims refer to the six-year period at the time of filing of this complaint. 18. The relevant and applicable times will be refined as is necessary, including after discovery if necessary. 19. The “present” or the “present time” as used in this complaint refers to the date this complaint was signed. AS AND FOR A FIRST CAUSE OF ACTION NYLL 170, 191, and 198 (Unpaid Overtime) 20. Plaintiff alleges and incorporates by reference the allegations in paragraphs 1 through 19 above as if set forth fully and at length herein. 21. At all times relevant to this action, Plaintiff was employed by Defendants, individually and/or jointly, within the meaning of the New York Labor Law, §§ 2, 170, 190 et Seq., and 651 and the regulations thereunder. 22. At all times relevant to this action, Defendants, individually and/or jointly, failed and willfully 3 4 of 7 FILED: KINGS COUNTY CLERK 11/30/2018 08:47 AM INDEX NO. 524060/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 11/30/2018 failed to pay Plaintiff overtime wages at rates of at least 1.5 times her normal/regular rate of pay for each and all hours she worked in excess of forty hours in a week, in violation of the N.Y. Lab. Law § 170. Relief Demanded 23. Due to Defendants’ New York Labor Law violations, Plaintiff is entitled to recover from Defendants, her unpaid overtime wages, maximum liquidated damages, reasonable attorneys' fees, and costs of the action, pursuant to N.Y. Labor Law. §§ 170, 191, 198. AS AND FOR A SECOND CAUSE OF ACTION (NYLL § 190, 191, 193, 195 and 198) 24. Plaintiff alleges and incorporates each and every allegation contained in paragraphs 1 through 23 above with the same force and effect as if fully set forth at length herein. 25. At all times relevant to this action, Plaintiff was employed by Defendants, individually and/or jointly, within the meaning of the New York Labor Law §§ 190 et seq., including §§ 191, 193, 195 and 198 and the applicable regulations thereunder and defendants were persons within the meaning of NYLL 198-b. 26. At all relevant times herein, Defendants individually and/or jointly violated Plaintiff’s rights under NY Labor Law § 190 et seq. including NY Labor Law §§ 191, 193 and 198 by failing to pay Plaintiff her wages, including her unpaid overtime wages (FLSA and NYMWA), as required under NY Labor Law § 190 et seq. 27. At all times relevant herein, Defendants, individually and/or jointly, failed and willfully failed to provide Plaintiff with the notice(s) required by NYLL 195(1) – Plaintiff is therefore entitled to and seeks to recover in this action the maximum recovery for this violation, plus attorneys’ fees and costs pursuant to NYLL 198 including NYLL 198(1-b), as well as an injunction directing Defendants to comply with NYLL 195(1). 28. At all times relevant herein, Defendants, individually and/or jointly, failed and willfully failed to provide Plaintiff with the statement(s) required by NYLL 195(3) – Plaintiff is therefore entitled to and seeks to recover in this action the maximum recovery for this violation, plus attorneys’ 4 5 of 7 FILED: KINGS COUNTY CLERK 11/30/2018 08:47 AM INDEX NO. 524060/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 11/30/2018 fees and costs pursuant to NYLL 198 including NYLL 198(1-d), as well as an injunction directing Defendants to comply with NYLL 195(3). Relief Demanded 29. Due to Defendants’ New York Labor Law Article 6 violations including violation of sections 191, 193 and 198, Plaintiff is entitled to recover from Defendants, individually and/or jointly, her entire unpaid wages, including her unpaid overtime wages, wage deductions, maximum liquidated damages, prejudgment interest, maximum recovery for violations of NYLL 195(1) and NYLL 195(3), reasonable attorneys’ fees, and costs of the action, pursuant to N.Y. Labor Law § 190 et seq. including § 198. PRAYER FOR RELIEF WHEREFORE, Plaintiff respectfully requests that this Court grant the following relief: 30. Declare Defendants, individually and/or jointly, to be the employers of Plaintiff under the New York Labor Law, and to be in violation of the rights of Plaintiff, under the New York Labor Law – NYLL 170, and Article 6 of the NYLL § 190 et Seq; 31. As to the First Cause of Action, award Plaintiff, her unpaid overtime wages due under NYLL 170, 191, together with maximum liquidated damages, costs and attorneys’ fees pursuant to N.Y. Lab. Law §§ 663, 198; 32. As to the Second Cause of Action, award Plaintiff her entire unpaid wages, including her unpaid overtime wages, wage deductions, maximum liquidated damages, prejudgment interest, maximum recovery for violations of NYLL 195(1) and NYLL 195(3), reasonable attorneys’ fees, and costs of the action, pursuant to N.Y. Labor Law § 190 et seq. including § 198, and directing Defendants to comply with NYLL 195(1) and NYLL 195(3). 33. Award Plaintiff, any relief requested or stated in the preceding paragraphs but which has not been requested in the WHEREFORE clause or “PRAYER FOR RELIEF”, in addition to the relief requested in the wherefore clause/prayer for relief; 34. Award Plaintiff such other, further and different relief as the Court deems just and proper. 5 6 of 7 FILED: KINGS COUNTY CLERK 11/30/2018 08:47 AM INDEX NO. 524060/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 11/30/2018 Dated: Queens Village, New York November 30, 2018 Respectfully submitted, Abdul Hassan Law Group, PLLC, Abdul Hassan ________________________________ By: Abdul K. Hassan, Esq. 215-28 Hillside Avenue Queens Village, NY 11427 Tel: 718-740-1000 - Fax: 718-740-2000 Email: abdul@abdulhassan.com Counsel for Plaintiff 6 7 of 7