A federal judge has remanded a prospective putative class action for unpaid wages filed against a West Haven-based limousine company to state court, and ordered attorney fees be paid to the plaintiff counsel.

In his 13-page ruling letting the lawsuit proceed to New Haven Superior Court, Judge Warren Eginton said plaintiff lawyers from The Hayber Law Firm were entitled to $8,380 in attorney fees.

At issue is a lawsuit filed in federal court in January 2018 against Hy's Livery Service Inc. on behalf of about 300 past and present chauffeurs. The lawsuit alleged the employees were required to work during meal breaks, although the time for those meal breaks was deducted from their wages. Michael Petela Jr., one of the two attorneys from The Hayber Law Firm representing the plaintiffs, told the Connecticut Law Tribune Monday he was seeking damages “in the seven figures.”

The plaintiffs sued, citing unpaid wages under the federal Fair Labor Standards Act and the Connecticut Minimum Wage Act, a state claim. Eight months after filing the federal suit, there was a ruling in a separate case, Munoz Gonzalez v. D.L.C. Limousine Service, which expanded the Fair Labor Standards Act's taxicab exemption to cover limo companies such as Hy's Livery Service. This led the plaintiffs to file a motion to voluntarily dismiss the FLSA claim with prejudice, and have the case remanded to state court. The defense objected and wanted to keep the case in federal court. Eginton's ruling means the case will be remanded and attorney fees awarded.

“They attempted to proceed in federal court knowing there was no subject-matter jurisdiction, Petela said. “I think a lot of their motivation was to delay and increase litigation costs on both sides.”

Representing the livery service are attorneys Adam Lyke, Glen Duhl and Hugh Cuthbertson, all with New Haven-based Zangari Cohn Cuthbertson Duhl & Grello. Cuthbertson referred all comment to Duhl, who along with Lyke, did not respond by press time.

In court papers, the defense maintained “no defendant willfully deprived any person of any wages to which he or she may have been entitled” and wrote that employees “have been paid all wages and premiums due to them for their hours worked during their employment.”

But Petela said his clients will now forge ahead to seek class certification.

The lawsuit covers limousine drivers who worked for the livery service from Jan. 3, 2016, to the present. It alleges the drivers, who were paid the state's $10.10 an hour minimum wage or a little above and tips, were not supposed to work during their food breaks unless they were completely relieved of duty.

“During their lunch breaks they remained on call and were working actively,” Petela said. “They were not supposed to be working, as this time was deducted from their wages.”

The lawsuit lists three plaintiffs: current drivers Hormoz Akhundzadeh and Daniel Dziekan and former employee Mehdi Belgada.

“This is not an industrywide issue, but specific to this livery service,” Petela said.

Assisting Petela is attorney Richard Hayber.