A class and collective action lawsuit has been filed against online marketplace eBay Inc. for alleged violations of labor laws regarding timely wage payments. The complaint was filed by Manuel Duran on Nov. 29, 2024, in the U.S. District Court for the Eastern District of New York.
Duran, representing himself and others similarly situated, claims that eBay failed to pay its employees at the Queens Warehouse on a weekly basis, as required by the Fair Labor Standards Act (FLSA) and New York Labor Law (NYLL).
According to the complaint, Duran worked as a sneaker authenticator from December 2020 until April 2, 2023. Initially employed by Sneaker Con, which was acquired by eBay in November 2021, Duran alleges that eBay continued Sneaker Con's bi-weekly payment schedule after taking over operations. The lawsuit states this payment schedule violates NYLL §191, which mandates weekly payments for manual workers unless an exception is granted by the New York State Department of Labor Commissioner. Duran claims eBay did not obtain such permission.
The complaint notes that Duran and about 60 other warehouse workers, who engaged in physical labor such as carrying racks of sneakers and breaking down boxes, were classified as manual workers under NYLL. Despite this, they were paid bi-weekly instead of weekly, depriving them of the ability to invest or earn interest on their wages promptly.
Duran is seeking to have the case certified as both a collective action under FLSA and a class action under Rule 23 of the Federal Rules of Civil Procedure. He aims to represent all non-exempt employees who worked at the Queens Warehouse from Nov. 24, 2021, through April 2, 2023.
The complaint accuses eBay of willfully violating labor laws and seeks liquidated damages equivalent to unpaid wages, as well as attorney fees and costs.
Representing Duran is Avi Mermelstein of Arenson, Dittmar & Karban law firm in New York City. The case is assigned Case No. 24-CV-8281.