In the First Amended Class and Collective Action Complaint filed in the Southern District of New York on March 27, 2012, Bronson Lipsky LLP asserts several claims under the Fair Labor Standards Act (“FLSA”) and New York Labor Law (“NYLL”) on behalf of any driver who Empire International, LTD., d/b/a EmpireCLS Worldwide, Bermuda Limousine International, Inc., Bermuda Limousine Service, Inc., Your Event Services Inc., KSKR Inc., Dean Neligan, David Seelinger and Robert Verdi employed since March 7, 2006. Namely, the Complaint alleges the following claims:
- Drivers were not paid one and one half (1 ½) times their regular rate for any hour they worked in excess of forty (40) per workweek. Instead, Defendants paid them straight time, even when the drivers were working fifty (50) plus hours per workweek.
- The Defendants retained the tips/gratuities the customers paid to the drivers. Specifically, Defendants automatically add a 20% gratuity to a customers’ bill, yet the Defendants retained these tips for themselves instead of giving them to the drivers.
- Defendants unlawfully deducted from the drivers’ wages a cost to cover a purported insurance policy that Defendants have.
According to their website, Empire CLS provides chauffeured driver services “in over 700 cities around the world, our executive limo, premiere bus, and luxury car service has become the benchmark for excellence in the luxury transportation industry.”
The First Amended Complaint also asserts claims of unlawful retaliation under the FLSA and NYLL against Defendants Empire International, LTD., Your Event Services Inc., KSKR Inc., Dean Neligan and David Seelinger for no longer scheduling any Driver who has joined this lawsuit for work.
The First Amended Complaint is assigned docket number 1:12-cv-1720 and captioned Stylianos Papadimitriou and Steve Vega, Individually and on Behalf of All Other Persons Similarly situated v. KSKR Inc., Your Event Services Inc., Dean Neligan, Empire International, LTD., d/b/a EmpireCLS Worldwide Chauffeured Services, David Seelinger, Bermuda Limousine International, Inc., Bermuda Limousine Service, Inc., Robert Verdi, Jointly and Severally.
Contact Douglas Lipsky for more information about this suit.