Judge Joseph Bianco
Litras worked for PVM International Corp., which in 2007 conducted business from the home of M. Sabhnani and V. Sabhnani. She never received overtime. Litras testified on the government's behalf when the Sabhnanis were tried on criminal charges arising from their harboring of indentured servants. Both Sabhnanis were convicted. District court denied PVM, the Sabhnanis and others dismissal of Litras' suit asserting nonpayment of overtime contrary to the Fair Labor Standards Act (FLSA) and nonpayment for accrued vacation time contrary to New York's Labor Law (NYLL). Litras' pleadings—invoking the three-year statute of limitations applicable to claims of willful FLSA violations—sufficiently alleged 40 hours of work in a given workweek, as well as uncompensated time in excess of the 40 hours. Among other things, letters appended to Litras' complaint suggested that an agreement existed between her and her employers to provide her accrued vacation pay upon termination. Contrary to NYLL §198-c(1) such payments were not made. She also adequately pleaded a meeting of the minds between the Sabhnanis to terminate her employment in retaliation for testifying against them.
