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Ilyina v. Fantasy Lake Resort Inc.

Issues Exist if Resort Is 'Enterprise', Defendant Is 'Employer' Under FLSA

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MEMORANDUM & ORDER Alexandra Ilyina (“Plaintiff”) brings this action against Fantasy Lake Resort, Inc. doing business as Fantasy Lake View Resort (“Fantasy Lake Resort”), Gennady Grigorovich, and Elena Grigorovich (collectively, “Defendants”) for violations of the Fair Labor Standards Act and the New York Labor Law. Before the Court is Defendant’s motion for summary judgment. For the reasons to follow, the motion for summary judgment is DENIED. BACKGROUND On August 23, 2019, Plaintiff filed a Complaint against Fantasy Lake Resort, Inc. and Gennady Grigorovich. Complaint, ECF No. 1. On October 23, 2020, Plaintiff amended her Complaint, adding Elena Grigorovich as a defendant. Amended Complaint, ECF No. 18. The Amended Complaint alleges Defendants willfully violated the Fair Labor Standards Act (“FLSA”) and the New York Labor Law (“NYLL”) by failing to (1) pay the minimum wage, (2) pay overtime wages, (3) pay Plaintiff’s regular hourly rate of pay for all hours worked, (4) pay spread-of-hours pay, (5) provide the requisite notice of pay rate and payday, and (6) provide an accurate wage statement. Amended Complaint

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