NYC Shipping Co. Sued in Class Action for Failing to Pay Minimum Wage

A New York shipping company is being sued by one of its ex-employees for failing to pay her the minimum wage and mandatory overtime.  She seeks class action status on behalf of her former co-workers.  She also sues for being terminated because she was pregnant.

Los Dorados Cargo, or LDC, is a New York City based company in the business of shipping containers overseas.  Carol Meneses was employed with LDC as a customer service representative from February 2016 until September 2017.

When she first began working for LDC she worked six days, approximately 30 hours a week for $8.75 an hour, according to the complaint.  At the time New York City’s minimum wage was $9.00.  In June 2016, Meneses was required to travel between two of LDC’s locations and her hours increased to about 66 hours a week.  Eventually LDC started paying her the $9.00 minimum wage required by law.

In February 2017, Meneses claims she informed LDC she was pregnant and was told she would be allowed to take time off for the pregnancy and her job would be still available to her upon her return. The next month, however, LDC began cutting back her hours.  When she complained she was told “it was for her wellbeing because she [was] pregnant.”

Meneses says she told LDC she would begin her pregnancy leave on September 11, 2017.  Two days later she was reassured that her job would be waiting for her twelve weeks later when she returned.

On November 9, 2017, according to the complaint, she contacted LDC and told them she was ready to resume work, but was told that her position had been filled by someone else.

Believing there are more than twenty other LDC employees affected by its failure to pay minimum wage and overtime, Meneses seeks class action status of the case on their behalf.

Additionally, Meneses claims LDC failed to give its employees proper notice of employment laws or furnish them with required information at the time of hire and provide those employees with spread-of-hours pay.  She also claims that LDC was required to pay for her transportation between the locations she had to travel to as expenses incurred in relation to tools of the trade, which they did not, the complaint states.

Finally, Meneses claims LDC “discriminated against [her] in the terms and conditions of her pregnancy and by terminating her employment.”

The case was brought in the Eastern District of New York by Paul Mendez of Flushing.

LDC did not return a call requesting comment.

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