Serebryakov et al v. Golden Touch Transportation of NY, Inc. et al, No. 1:2012cv03990 - Document 89 (E.D.N.Y. 2016)

Court Description: MEMORANDUM DECISION AND ORDER - Plaintiffs' causes of action for violations of the FLSA and the Labor Law arising from the defendants' alleged failure to pay an overtime premium are dismissed with prejudice. The FLSA recordkeeping cause of action is likewise dismissed. The claims that remain in this case are that the defendants failed to pay the plaintiffs for all hours worked in violation of the FLSA and the Labor Law, and that the defendants violated the Labor Law by making unlawful deductions from the plaintiffs' pay. Ordered by Judge Ann M. Donnelly on 9/16/2016. (Greene, Donna)

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Serebryakov et al v. Golden Touch Transportation of NY, Inc. et al Doc. 89 FILED IN CLERK'S OFFICE UNITED STATES DISTRICT COURT US DISTRICT COURT E.D.N.Y. EASTERN DISTRICT OF NEW YORK -k SEP 1 6 2016 -k BROOKLYN OFFICE DMITRIY SEREBRVAKOV and DMITRIY KURAMYSHEV, Plaintiffs, MEMORANDUM DECISION AND ORDER - against - LOKEKO INC.,DOUBLE"K" USA,CORP. and KONSTANTIN DERGUNOV, 12-CV-3990(AMD) (RER) Defendants. ANN DONNELLY,District Judge. The plaintiffs brought this putative class and collective action on August 10,2012 against their employers, Konstantin Dergunov,Lokeko Inc.("Lokeko"), and Double"K"USA,Corp. ("Double K"),for alleged violations ofthe Fair Labor Standards Act("FLSA")and New York Labor Law("NYLL"or "Labor Law"). Specifically, the plaintiffs complain that the defendants violated the FLSA and the Labor Law by failing to pay an hourly rate of pay(29 U.S.C. § 206(a); 12 N.Y.C.C.R.R. § 142-2.1), and an overtime premium(29 U.S.C. § 207(a)(1); 12 N.Y.C.C.R.R. § 142-2.2)for work performed in excess offorty hours per work week. Additionally, the plaintiffs allege that the defendants made unlawfiil deductions from their pay in violation ofthe Labor Law(12 N.Y.C.C.R.R. § 195), and failed to maintain records as required by the FLSA. Currently pending are responses to the June 15,2016 order to show cause. Because I conclude that the motor carrier exemption bars the FLSA and New York Labor Law overtime claims,they are dismissed with prejudice. Additionally, because the plaintiffs concede that there 1 Dockets.Justia.com s/Ann M. Donnelly

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