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Pena v. 220 East 197 Realty LLC

2019 CBA Requires Hotel Handyman's Arbitration of Meal Break, Overtime Pay Claims

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OPINION AND ORDER Nelson Pena brings suit against 220 East 197 Realty LLC and 63 West L.L.C. (“Defendants”), alleging violation of the Fair Labor Standards Act of 1938, 29 U.S.C §201 et seq. (“FLSA”), and the New York Labor Law (“NYLL”). Defendants have moved to compel arbitration and to dismiss the complaint for failure to state a claim under Federal Rule of Civil Procedure 12(b)(6). For the reasons that follow, the motion is granted in part, and the case is stayed pending arbitration. I. Background The following facts, drawn from the complaint, are presumed true for the purposes of this motion. (See Dkt. No. 1 (“Compl.”).) Defendants 220 East 197 Realty LLC (“220 East”) and 63 West L.L.C. (“63 West”) are New York limited liability companies “engaged in the business of hotel management and ownership.” (Compl.

9-10, 14.) From 2014 to April 2020, Defendants employed Pena, a resident of the Bronx, New York, in several of their hotels as a handyman/laborer. (Compl.

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