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  • Zoryha Norfleet, Lisa Abbas, Valerie Janowski v. Revcore Recovery Center Manhattan Llc, Revcore Recovery Center Of Queens Llc, Revcore Nycats Llc, Revcore Holdings LlcTorts - Other (N.Y. Labor Law) document preview
  • Zoryha Norfleet, Lisa Abbas, Valerie Janowski v. Revcore Recovery Center Manhattan Llc, Revcore Recovery Center Of Queens Llc, Revcore Nycats Llc, Revcore Holdings LlcTorts - Other (N.Y. Labor Law) document preview
  • Zoryha Norfleet, Lisa Abbas, Valerie Janowski v. Revcore Recovery Center Manhattan Llc, Revcore Recovery Center Of Queens Llc, Revcore Nycats Llc, Revcore Holdings LlcTorts - Other (N.Y. Labor Law) document preview
  • Zoryha Norfleet, Lisa Abbas, Valerie Janowski v. Revcore Recovery Center Manhattan Llc, Revcore Recovery Center Of Queens Llc, Revcore Nycats Llc, Revcore Holdings LlcTorts - Other (N.Y. Labor Law) document preview
  • Zoryha Norfleet, Lisa Abbas, Valerie Janowski v. Revcore Recovery Center Manhattan Llc, Revcore Recovery Center Of Queens Llc, Revcore Nycats Llc, Revcore Holdings LlcTorts - Other (N.Y. Labor Law) document preview
  • Zoryha Norfleet, Lisa Abbas, Valerie Janowski v. Revcore Recovery Center Manhattan Llc, Revcore Recovery Center Of Queens Llc, Revcore Nycats Llc, Revcore Holdings LlcTorts - Other (N.Y. Labor Law) document preview
  • Zoryha Norfleet, Lisa Abbas, Valerie Janowski v. Revcore Recovery Center Manhattan Llc, Revcore Recovery Center Of Queens Llc, Revcore Nycats Llc, Revcore Holdings LlcTorts - Other (N.Y. Labor Law) document preview
  • Zoryha Norfleet, Lisa Abbas, Valerie Janowski v. Revcore Recovery Center Manhattan Llc, Revcore Recovery Center Of Queens Llc, Revcore Nycats Llc, Revcore Holdings LlcTorts - Other (N.Y. Labor Law) document preview
						
                                

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FILED: NASSAU COUNTY CLERK 10/31/2023 11:15 PM INDEX NO. 617754/2023 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 10/31/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU --------------------------------------------------------------------------- X ZORYHA NORFLEET, LISA ABBAS and VALERIE : Index. No. 2023/__________ JANOWSKI on behalf of themselves and all others similarly : situated, : Date Filed: : Plaintiffs, : SUMMONS - against - : : Plaintiffs designate REVCORE RECOVERY CENTER MANHATTAN LLC, : Nassau County as Place of Trial REVCORE RECOVERY CENTER OF QUEENS LLC, : REVCORE NYCATS LLC, and REVCORE HOLDINGS : LLC, : Defendants. : --------------------------------------------------------------------------- X TO THE ABOVE-NAMED DEFENDANTS: You are hereby summoned and required to serve upon Plaintiffs’ attorneys an answer to the complaint in this action within 20 days after the service of this summons, exclusive of the day of service, or within 30 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 answer, judgment will be taken against you by default for the relief demanded in the complaint. The basis of venue designated is pursuant to CPLR § 501. Dated: Melville, New York October 31, 2023 Respectfully submitted, By: /s/ Troy L. Kessler Troy L. Kessler KESSLER MATURA PC Troy L. Kessler Tana Forrester Garrett Kaske 534 Broadhollow Road, Suite 275 Melville, New York 11747 Telephone: (631) 499-9100 Attorneys for Plaintiffs and the Putative FLSA Collective and Putative Class 1 of 20 FILED: NASSAU COUNTY CLERK 10/31/2023 11:15 PM INDEX NO. 617754/2023 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 10/31/2023 To: RevCore Recovery Center Manhattan LLC RevCore Recovery Center of Queens LLC RevCore NYCATS LLC d c/o Garfunkel Wild, P.C., 111 Great Neck Rd., Ste. 600, Great Neck, NY 11021 2 2 of 20 FILED: NASSAU COUNTY CLERK 10/31/2023 11:15 PM INDEX NO. 617754/2023 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 10/31/2023 SUPREME COURT OF NEW YORK COUNTY OF NASSAU --------------------------------------------------------------------------- X ZORYHA NORFLEET LISA ABBAS and VALERIE : JANOWSKI on behalf of themselves and all others similarly : situated, : : Index. No. 2023/__________ Plaintiffs, : - against - : CLASS ACTION : COMPLAINT REVCORE RECOVERY CENTER MANHATTAN LLC, :: REVCORE RECOVERY CENTER OF QUEENS LLC, : REVCORE NYCATS LLC, and REVCORE HOLDINGS : LLC, : : Defendants. : --------------------------------------------------------------------------- X Plaintiffs Zoryha Norfleet, Lisa Abbas and Valerie Janowski on behalf of themselves and all others similarly situated, by and through their attorneys Kessler Matura P.C., complaining of the Defendants RevCore Recovery Center Manhattan LLC, RevCore Recovery Center of Queens LLC, RevCore NYCATS LLC, and RevCore Holdings LLC (“Defendants” or “RevCore”), allege as follows as for their Complaint: PRELIMINARY STATEMENT 1. Plaintiffs bring this lawsuit to recover unpaid overtime and other damages on behalf of all of RevCore’s as Group Facilitators, Substance Abuse Counselors or Peer Advocates (“Counselors”) at any time between August 15, 2016, and August 15, 2022 (the “Class Period”), based on Defendants’ violation of the Fair Labor Standards Act (“FLSA”) and the New York Labor Law (“NYLL”) and appropriate rules and regulations. 2. RevCore failed to pay their Counselors for all hours worked. 3. While employed by RevCore, Plaintiffs and other similarly situated Counselors worked over 40 hours per week without receiving overtime pay for all the hours they worked. 3 of 20 FILED: NASSAU COUNTY CLERK 10/31/2023 11:15 PM INDEX NO. 617754/2023 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 10/31/2023 4. Norfleet, Janowski, and Abbas (the “Class Representatives”) bring this action on behalf of themselves and all similarly situated Counselors who worked during the Class Period, pursuant to Article 9 of the New York Civil Practice Law and Rules to remedy violations of the NYLL, Article 19, §§ 650 et seq., and Article 6, §§ 195 and 198, and the supporting New York State Department of Labor regulations. 5. Norfleet and Abbas (the “FLSA Class Representatives”) bring this action on behalf of themselves and all similarly situated Counselors pursuant to the FLSA who worked from August 15, 2019, to August 15, 2022 (the “FLSA Period”). JURISDICTION & VENUE 6. This Court has jurisdiction over this matter pursuant to N.Y. Lab. Law, Article 9, §§ 190 et seq., and C.P.L.R. § 301. 7. This Court is the proper venue under C.P.L.R. § 501, due to a preexisting agreement between Plaintiffs and Defendants. THE PARTIES Plaintiff Zoryha Norfleet 8. Norfleet is a resident of Bronx County, New York. 9. At all times relevant to this Class Action Complaint, Norfleet was an “employee” within the meaning of Section 3(e) of the FLSA, 29 U.S.C. § 203(e), and N.Y. Lab. Law §§ 190(2), 651(5). 10. Norfleet was employed by Defendants as a Substance Abuse Counselor and Group Facilitator from November 26, 2019, to March 13, 2020. 2 4 of 20 FILED: NASSAU COUNTY CLERK 10/31/2023 11:15 PM INDEX NO. 617754/2023 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 10/31/2023 11. As a Counselor, Norfleet was required to process clients’ answers to questionnaires, take notes on their meetings, call any necessary supportive services, and facilitated group sessions for clients. 12. Norfleet was typically only paid for 35 hours each week, regardless of how many hours she worked. 13. Norfleet typically worked 45 or more hours per week. 14. Over the course of her employment, Norfleet was not fully relieved of duty for purposes of taking a full-length meal break each shift. 15. Norfleet was not permitted to record the actual number of hours that she worked and was instructed by Defendants that RevCore did not pay overtime. 16. Norfleet expressed her consent to make these claims against Defendants by signing a written consent form, pursuant to 29 U.S.C. § 216(b). The consent form is attached, as Exhibit A. Plaintiff Lisa Abbas 17. Abbas is a resident of Kings County, New York. 18. At all times relevant to this Class Action Complaint, Norfleet was an “employee” within the meaning of Section 3(e) of the FLSA, 29 U.S.C. § 203(e), and N.Y. Lab. Law §§ 190(2), 651(5). 19. Abbas was employed by Defendant as a Peer Advocate from approximately November 20, 2021, to March 18, 2022. 20. As a Peer Advocate, Abbas was required to process clients’ answers to questionnaires, take notes on their meetings, call any necessary supportive services, and accompany clients to appointments. 3 5 of 20 FILED: NASSAU COUNTY CLERK 10/31/2023 11:15 PM INDEX NO. 617754/2023 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 10/31/2023 21. Abbas was typically only paid for the amount that she was scheduled each week, regardless of how many hours she worked. 22. Over the course of her employment, Abbas was not fully relieved of duty for purposes of taking a full-length meal break each shift. 23. Abbas regularly worked over 40 hours per week. 24. Abbas was not permitted to record the actual number of hours that she worked and was instructed by Defendants that RevCore did not pay overtime. 25. Abbas was not permitted to record the overtime hours that she worked, nor was she paid at the required overtime rate of time and one half for all hours worked over 40. 26. Abbas expressed her consent to make these claims against Defendants by signing a written consent form, pursuant to 29 U.S.C. § 216(b). The consent form is attached with Abbas’s form, as Exhibit A. Plaintiff Valerie Janowski 27. Janowski is a resident of Queens County, New York. 28. At all times relevant to this Class Action Complaint, Janowski was an “employee” within the meaning of N.Y. Lab. Law §§ 190(2), 651(5). 29. Janowski was employed by Defendants as a Substance Abuse Counselor and Group Facilitator from approximately January 8, 2018, through November 6, 2018. 30. Janowski met with clients, took notes meetings, called any necessary supportive services, and facilitated group sessions for clients. 31. Janowski was typically only paid for 35 hours each week, regardless of how many hours she worked. 32. Janowski typically worked 45 or more hours per week. 4 6 of 20 FILED: NASSAU COUNTY CLERK 10/31/2023 11:15 PM INDEX NO. 617754/2023 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 10/31/2023 33. Over the course of her employment, Janowski was not fully relieved of duty for purposes of taking a full-length meal break each shift. 34. Janowski was not permitted to record the actual number of hours that she worked and was instructed by Defendants that RevCore did not pay overtime. 35. At all times relevant to this Class Action Complaint, Janowski was an “employee” within the meaning of N.Y. Lab. Law § 190(2). Defendants 36. At all times relevant, Defendants’ annual gross volume of sales made or business done, collectively and independently, was not less than $500,000. 37. At all times relevant, RevCore applied the same employment policies, practices, and procedures to all Counselors throughout the State of New York, including policies, practices, and procedures with respect to recording time and payment of overtime compensation. 38. At all relevant times, RevCore maintained control, oversight, and direction over Plaintiffs and similarly situated employees, including timekeeping, payroll and other employment practices that applied to them. RevCore has three locations in New York, where it employed Plaintiffs and other Counselors. 39. At all times relevant, the activities of RevCore constituted an “enterprise” within the meaning of Section 3(r) & (s) of the FLSA, 29 U.S.C. § 203(r) & (s). 40. At all times relevant, RevCore was an “employer” within the meaning of Section 3(d) of the FLSA, 29 U.S.C. § 203(d), and N.Y. Lab. Law §§ 190(3), 651(6). Defendant RevCore Recovery Center Manhattan LLC 41. Upon information and belief, RevCore Recovery Center Manhattan LLC was a domestic corporation, authorized to do business pursuant to the laws of the State of New York. 5 7 of 20 FILED: NASSAU COUNTY CLERK 10/31/2023 11:15 PM INDEX NO. 617754/2023 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 10/31/2023 42. RevCore Recovery Center Manhattan LLC was doing business as RevCore. 43. RevCore Recovery Center Manhattan LLC maintained its principal place of business at 598 Broadway, 2nd Floor, New York, New York. Defendant RevCore Recovery Center of Queens LLC 44. Upon information and belief, Defendant RevCore Recovery Center of Queens LLC was a domestic corporation, authorized to do business pursuant to the laws of the State of New York. 45. Defendant RevCore Recovery Center of Queens LLC was doing business as RevCore. 46. RevCore Recovery Center of Queens LLC maintained its principal place of business at 37-20 74th St., 3rd Floor, Jackson Heights, New York. Defendant RevCore NYCATS LLC 47. Upon information and belief, Defendant RevCore NYCATS LLC was a domestic corporation, authorized to do business pursuant to the laws of the State of New York. 48. Defendant RevCore NYCATS LLC was doing business as RevCore. 49. RevCore NYCATS LLC maintained its principal place of business at 598 Broadway, 2nd Floor, New York, New York. Defendant RevCore Holdings LLC 50. Upon information and belief, Defendant RevCore Holdings LLC was a domestic corporation, authorized to do business pursuant to the laws of the State of New York. 51. Defendant RevCore Holdings LLC was doing business as RevCore. 52. Defendant RevCore Holdings LLC maintained its principal place of business at 1415 59th Street, Brooklyn, New York. 6 8 of 20 FILED: NASSAU COUNTY CLERK 10/31/2023 11:15 PM INDEX NO. 617754/2023 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 10/31/2023 FLSA COLLECTIVE ACTION CLAIMS 53. Plaintiffs Norfleet and Abbas bring the Third Cause of Action, pursuant to the FLSA, 29 U.S.C. § 216(b), on behalf of themselves and the “FLSA Collective,” defined as: All individuals who worked for Defendants as Group Facilitators, Substance Abuse Counselors or Peer Advocates at any time during the FLSA Period. 54. Upon information and belief, there are approximately more than 30 Counselors that are similarly situated to the FLSA Class Representatives who were denied overtime by Defendants. 55. The FLSA Class Representatives represent other Counselors and are acting on behalf of Defendants’ Counselors interests as well as their own interests in bringing this action. 56. Defendants required the FLSA Class Representatives, and all individuals employed as Counselors to work in excess of 40 hours per week without paying them overtime compensation at a rate of at least one and one-half times their regular hourly rate. 57. Defendants were aware or should have been aware that the law required it to pay non-exempt employees, including the FLSA Class Representatives and the FLSA Collective, an overtime premium of one and one-half times their regular rate of pay for all work-hours Defendants suffered or permitted them to work in excess of 40 per workweek. 58. The FLSA Collective is readily identifiable and locatable through the use of the Defendants’ records. The FLSA Collective should be notified of and allowed to opt-in to this action, pursuant to 29 U.S.C. § 216(b). Unless the Court promptly issues such a notice, the FLSA Collective, who have been unlawfully deprived of overtime pay in violation of the FLSA, will be unable to secure compensation to which they are entitled, and which has been unlawfully withheld from them by Defendants. 7 9 of 20 FILED: NASSAU COUNTY CLERK 10/31/2023 11:15 PM INDEX NO. 617754/2023 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 10/31/2023 NEW YORK CLASS ACTION ALLEGATIONS 59. Plaintiffs Norfleet, Abbas and Janowski, The New York Class Representatives, bring the First and Second Causes of Action on their own behalf and as a class action, pursuant to Article 9 of the New York Civil Practice Law and Rules on behalf of the following class of persons: All individuals who worked for Defendants as Group Facilitators, Substance Abuse Counselors or Peer Advocates at any time during the Class Period (the “Class”). 60. The people in the Class are so numerous that joinder of all members is impracticable. Although, the precise number of people is unknown, and facts on which the calculation of that number can be based are presently within the sole control of Defendants. 61. Upon information and belief, the size of the Class is over 80 individuals. 62. Common questions of law and fact exist as to the Class that predominate over any questions only affecting them individually and include, but are not limited to: a. Whether Defendants failed to pay proper overtime compensation for all work-hours and violated the NYLL and the supporting New York State Department of Labor regulations; b. Whether Defendants failed to keep accurate time records for all hours worked by the Class Representatives and the Class; c. What proof of hours worked is sufficient where an employer fails in its duty to maintain true and accurate time records; d. Whether Defendants failed to furnish the Class Representatives and Class with an accurate statement of, inter alia, wages, hours worked, and rates paid as required by NYLL § 195; e. The nature and extent of Class-wide injury and the appropriate measure of damages sustained by the Class Representatives and the Class; f. Whether Defendants failed to pay the Class Representatives and the Class their overtime wages, but attempted to comply with the NYLL in reasonable good faith ; and 8 10 of 20 FILED: NASSAU COUNTY CLERK 10/31/2023 11:15 PM INDEX NO. 617754/2023 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 10/31/2023 g. The nature and extent of class-wide injury and the measure of damages for those injuries. 63. The Class Representatives fairly and adequately protect the interests of the Class and have no interests antagonistic to the Class. The Class Representatives are represented by attorneys who are experienced and competent in both class litigation and employment litigation. 64. A class is superior to other available methods for the fair and efficient adjudication of the controversy, particularly in the context of wage-and-hour litigation where an individual plaintiff lacks the financial resources to vigorously prosecute a lawsuit in federal court against the corporate defendant. The damages sustained by individual class members are small, compared to the expense and burden of individual prosecution of this litigation. Class action treatment will obviate unduly duplicative litigation and the possibility of inconsistent judgments. 65. Further, the Class Representatives and the Class have been equally affected by Defendants’ failure to pay proper wages and provide proper wage statements. 66. The Class Representatives’ claims are typical of those of the Class. The Class Representatives and the other Class members were subjected to Defendants’ policies, practices, programs, procedures, protocols and plans alleged herein concerning the failure to pay proper wages and the failure to keep adequate records. Plaintiffs’ job duties are typical of those of the class members. 67. A class action is superior to other available methods for the fair and efficient adjudication of this litigation – particularly in the context of wage litigation like the present action, where individual plaintiffs may lack the financial resources to vigorously prosecute a lawsuit in federal court against a corporate defendant. The members of the Class have been damaged and are entitled to recovery as a result of Defendants’ common and uniform policies, practices, and 9 11 of 20 FILED: NASSAU COUNTY CLERK 10/31/2023 11:15 PM INDEX NO. 617754/2023 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 10/31/2023 procedures. Although the relative damages suffered by individual members of the Class are not de minimis, such damages are small compared to the expense and burden of individual prosecution of this litigation. In addition, class treatment is superior because it will obviate the need for unduly duplicative litigation that might result in inconsistent judgments about Defendants’ practices. 68. This action is properly maintainable as a class action under Article 9 of the New York Civil Practice Law and Rules. COMMON FACTUAL ALLEGATIONS 69. Plaintiffs and the members of the Class (collectively “Class Members”) are due overtime premiums under the FLSA and NYLL and were not provided accurate wage statements as a result. 70. Defendants’ conduct was widespread, repeated, and consistent. 71. Regardless of the location at which Plaintiffs and Class Members worked for Defendants, Defendants policies and practices remained substantially the same. Unpaid Overtime Wages 72. Upon information and belief, Defendant had a policy and pattern or practice to require Plaintiffs and Class Members to work in excess of 40 hours per week. 73. Plaintiffs and Class Members were typically paid for 70 hours in a biweekly cycle regardless of hours they worked in one workweek. 74. Defendant was aware or should have been aware of all the work that Counselors performed. 75. During the Class Period, Defendants did not pay Plaintiffs and Class Members time and one half for all hours worked over 40 in a workweek in violation of the FLSA and the NYLL. 10 12 of 20 FILED: NASSAU COUNTY CLERK 10/31/2023 11:15 PM INDEX NO. 617754/2023 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 10/31/2023 76. Defendant did not pay overtime wages during the Class Period, pursuant to a company-wide policy. Inaccurate Wage Statements 77. During the Class Period, Defendants did not provide Plaintiffs and Class Members with an accurate wage statement each pay period. 78. Defendants did not list accurate hours worked and overtime rates of pay on Counselors’ pay stubs. 79. As a result, Defendants did not furnish Plaintiffs and Class Members with an accurate statement of, inter alia, wages, hours worked, and rates paid as required by NYLL. FIRST CAUSE OF ACTION NYLL – Unpaid Overtime (Brought on behalf of the Plaintiffs and the Class) 80. Plaintiffs reallege and incorporate by reference all allegations in all preceding paragraphs. 81. At all times relevant, Plaintiffs and the Class were employees and Defendants were their employer within the meaning of the NYLL. 82. Plaintiffs and the Class are covered by the NYLL. 83. Defendants did not keep, make, preserve, maintain and furnish accurate records of time worked by Plaintiffs and Class Members. 84. Defendants did not pay Plaintiffs and the members of the Class overtime wages to which they are entitled under the NYLL Article 19 §§ 650, et seq., and the supporting New York State Department of Labor Regulations. 85. Defendants did not pay Plaintiffs and Class Members overtime at a wage rate of one and one-half times their regular rate of pay. 11 13 of 20 FILED: NASSAU COUNTY CLERK 10/31/2023 11:15 PM INDEX NO. 617754/2023 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 10/31/2023 86. Defendants have a policy and practice of not paying overtime compensation for all hours worked to Plaintiffs and the Class. 87. Defendants did not have a reasonable, good-faith belief that their overtime-payment policies, as they relate to Plaintiffs and the Class, were in compliance with the NYLL. 88. As a consequence of the willful underpayment of wages, alleged above, Plaintiffs have incurred damages thereby and Defendants are indebted to them in the amount of the unpaid overtime compensation, liquidated damages, reasonable attorneys’ fees and costs of the action, and pre-judgment and post-judgment interest. SECOND CAUSE OF ACTION NYLL – Notice and Record-Keeping Requirement Violation (Brought on behalf of Plaintiffs and the Class) 89. Plaintiffs reallege and incorporate by reference all allegations in all preceding paragraphs. 90. Defendants did not supply Plaintiffs and members of the Class with an accurate statement of wages as required by N.Y. Lab. Law § 195, containing the dates of work covered by that payment of wages; name of employee; name of employer; address and phone number of employer; rate or rates of pay and basis thereof, whether paid by the hour, shift, day, week, salary, piece, commission, or other; gross wages; hourly rate or rates of pay and overtime rate or rates of pay if applicable; the number of hours worked, including overtime hours worked if applicable; deductions; and net wages. 91. Due to Defendants’ violations of N.Y. Lab. Law § 195, for each workweek that Defendants did not provide a proper wage statement from August 15, 2016 through August 15, through the present, Plaintiffs and members of the Class are each entitled to damages of $250 per 12 14 of 20 FILED: NASSAU COUNTY CLERK 10/31/2023 11:15 PM INDEX NO. 617754/2023 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 10/31/2023 workday, or a total of $5,000 per class member, as provided for by N.Y. Lab. Law § 198, reasonable attorneys’ fees, costs, and injunctive and declaratory relief. THIRD CAUSE OF ACTION FLSA – Overtime Wages (Brought on behalf of FLSA Class Representatives and the FLSA Collective) 92. The FLSA Class Representatives reallege and incorporate by reference all allegations in all preceding paragraphs. 93. The FLSA Class Representatives and members of the FLSA Collective are non- exempt employees entitled to be paid overtime compensation for all overtime hours worked. 94. Defendants employed Plaintiffs and members of the FLSA Collective for workweeks longer than 40 hours and willfully did not compensate Plaintiffs for all of the time worked in excess of 40 hours per week, at a rate of at least one and one-half times their regular hourly rate, in violation of the requirements of Section 7 of the FLSA, 29 U.S.C. § 207(a) (1). 95. Plaintiffs expressed their consent to make these claims against Defendants by filing a written consent form, pursuant to 29 U.S.C. § 216(b). 96. Defendants did not make a good faith effort to comply with the FLSA with respect to their compensation to Plaintiffs and the FLSA Collective. 97. Because Defendants’ violations of the FLSA were willful, a three-year statute of limitations applies, pursuant to 29 U.S.C. § 255. 98. As a consequence of the underpayment of wages, alleged above, Plaintiffs have incurred damages thereby and Defendants are indebted to them in the amount of the unpaid overtime compensation, together with interest, liquidated damages, attorneys’ fees, and costs in an amount to be determined at trial. 13 15 of 20 FILED: NASSAU COUNTY CLERK 10/31/2023 11:15 PM INDEX NO. 617754/2023 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 10/31/2023 99. Defendants were or should have been aware that the FLSA required them to pay their Counselors premium overtime pay for all hours worked in excess of 40 per week. 100. Defendants did not pay Plaintiffs and Class Members overtime wages for their work in excess of 40 hours per week and this was willful, intentional, and in bad faith PRAYER FOR RELIEF WHEREFORE, Plaintiffs seek for the following relief: A. That, at the earliest possible time, the Court certify this case as a class and collective action pursuant to CPLR Article 9 and Section 216(b) of the FLSA, and authorize the issuance of notice to the Class and the FLSA Collective; B. Designation of Plaintiffs Zoryha Norfleet, Valerie Janowski and Lisa Abbas as the Class Representatives, and counsel of record as Class Counsel; C. Unpaid overtime pay permitted by law pursuant to the FLSA, NYLL, and supporting regulations; D. Statutory damages, as provided for by N.Y. Lab. Law §§ 195 and 198, for Defendants’ violations of the notice and recordkeeping requirements pursuant to N.Y. Lab. Law § 195; E. Pre-judgment interest and post-judgment interest as provided by law; F. Appropriate equitable remedy violations; G. Attorneys’ fees and costs of the action; H. Issuance of a declaratory judgment that the practices complained of in this action are unlawful under N.Y. Lab. Law § 190 et seq.; I. Such other injunctive and equitable relief as this Court shall deem just and proper; J. Reasonable incentive awards for Plaintiffs to compensate them for the time they spent attempting to recover wages for the Class and for the risks they took in doing so; and 14 16 of 20 FILED: NASSAU COUNTY CLERK 10/31/2023 11:15 PM INDEX NO. 617754/2023 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 10/31/2023 K. Such other relief as this Court shall deem just and proper. Dated: Melville, New York October 31, 2023 Respectfully submitted, By: /s/ Troy L. Kessler Troy L. Kessler KESSLER MATURA P.C. Troy L. Kessler Tana Forrester Garrett Kaske 534 Broadhollow Road, Suite 275 Melville, New York 11747 Telephone: (631) 499-9100 tkessler@kesslermatura.com tforrester@kesslermatura.com gkaske@kesslermatura.com Attorneys for Plaintiffs and the Putative FLSA Collective and Putative Class 15 17 of 20 FILED: NASSAU COUNTY CLERK 10/31/2023 11:15 PM INDEX NO. 617754/2023 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 10/31/2023 Exhibit A 18 of 20 FILED: NASSAU COUNTY CLERK 10/31/2023 11:15 PM INDEX NO. 617754/2023 DocuSign Envelope ID: 6A1CFDE3-172A-4459-94AD-516DF17F03F1 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 10/31/2023 CONSENT TO BECOME A PARTY-PLAINTIFF 1. I consent to be a party plaintiff in a lawsuit against my current/former employer, RevCore Recovery Center Manhattan LLC. (“RevCore”) and any related individuals and entities, for alleged violations of the Fair Labor Standards Act, 29 U.S.C. § 201, et seq., and the New York Labor Law. 2. During the past three years, there were occasions when I worked over 40 hours over the course of the workweek and RevCore did not pay me overtime wages as required by the Fair Labor Standards Act. 3. I designate Kessler Matura P.C. to represent me and make decisions on my behalf concerning the litigation, including any settlement. I agree to be bound by any adjudication, whether it is favorable or unfavorable. 4. I also consent to join any separate or subsequent action to assert my claims against RevCore and/or any related entities potentially liable. 8/29/2023 Date: ______________ _________________________________ Signature Lisa Abbas _________________________________ Print Name 19 of 20 FILED: NASSAU COUNTY CLERK 10/31/2023 11:15 PM INDEX NO. 617754/2023 DocuSign Envelope ID: 767204F7-71BE-4EB6-A98A-FF04FA61DBCC NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 10/31/2023 CONSENT TO BECOME A PARTY-PLAINTIFF 1. I consent to be a party plaintiff in a lawsuit against my current/former employer, RevCore Recovery Center Manhattan LLC. (“RevCore”) and any related individuals and entities, for alleged violations of the Fair Labor Standards Act, 29 U.S.C. § 201, et seq., and the New York Labor Law. 2. During the past three years, there were occasions when I worked over 40 hours over the course of the workweek and RevCore did not pay me overtime wages as required by the Fair Labor Standards Act. 3. I designate Kessler Matura P.C. to represent me and make decisions on my behalf concerning the litigation, including any settlement. I agree to be bound by any adjudication, whether it is favorable or unfavorable. 4. I also consent to join any separate or subsequent action to assert my claims against RevCore and/or any related entities potentially liable. 8/25/2023 Date: ______________ _________________________________ Signature Zoryha Norfleet _________________________________ Print Name 20 of 20