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Nunez v. Executive Le Soleil New York LLC

Hotel Workers Were Routinely Temporarily Deprived of Wages, NYLL §191 Claim Satisfied

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OPINION AND ORDER Alfredo Nunez (“Nunez”) and Joseph Tejada (“Tejada,” and together with Nunez, “Plaintiffs”) sued their former employer, Executive Le Soleil New York LLC (“Defendant”), for failing to pay its manual laborers with the frequency required by Section 191 of the New York Labor Law (“NYLL”). Plaintiffs bring untimely wage claims on behalf of themselves and a putative class of similarly situated employees. Defendant has moved to dismiss Plaintiffs’ claims for lack of standing and to strike their class allegations. Because Plaintiffs satisfied their pleading burden on both fronts, the Court denies Defendant’s motion. BACKGROUND1 A. Factual Background 1. Plaintiffs’ Employment Defendant, a Delaware company, operates the Executive Hotel Le Soleil New York in midtown Manhattan (“Le Soleil”). (AC

1, 10). Defendant employed Nunez as a bellhop/night auditor at Le Soleil from August 2015 until May 2016. (Id. 7). Similarly, Defendant employed Tejada as a bellhop at Le Soleil from April 2018 until March 2020. (Id. 8). Both men worked for Defendant in non-exempt, hourly roles. (Id.

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