A former employee has filed a lawsuit against The American Bottling Company, alleging unpaid overtime wages and violations of labor laws. The complaint, filed December 30, 2024, in the United States District Court for the Eastern District of New York, is brought by Parmanand Shivpal.
Shivpal, represented by Abdul Hassan Law Group, PLLC, accuses The American Bottling Company of failing to pay overtime wages as required by the Fair Labor Standards Act (FLSA) and New York Labor Law (NYLL).
Shivpal claims he worked more than forty hours a week without receiving the legally required overtime pay rate of 1.5 times his regular hourly wage.
According to the complaint, this pattern persisted throughout his employment from August 18, 2018, to November 18, 2024. For example, during a biweekly period in April 2022, Shivpal alleges he worked at least one hundred hours but was compensated for only eighty hours at his standard rate of $18.84 per hour.
Shivpal also contends that The American Bottling Company failed to reimburse him for work-related expenses, such as cellphone and internet costs, which amounted to approximately $100 weekly. These deductions, he claims, are unlawful under both FLSA and NYLL.
Additionally, Shivpal asserts that he was paid on a bi-weekly basis instead of weekly, as required by NYLL § 191(1)(a)(4), citing precedent from Vega v. CM & Assocs. Constr. Mgmt., LLC.
The lawsuit highlights several alleged violations by The American Bottling Company, including failure to provide required wage notices and statements under NYLL § 195(1) and § 195(3).
This lack of transparency, the complaint states, prevented Shivpal from identifying and claiming his due wages in a timely manner. Furthermore, the company is alleged to have annual revenues exceeding $500,000 and to engage in interstate commerce activities.
Shivpal seeks unpaid overtime wages, maximum liquidated damages under both federal and state law, reimbursement for unlawfully deducted expenses, and compensation for delayed payments with interest. He also requests attorneys' fees and costs related to the lawsuit.
Representing Shivpal is Abdul K. Hassan of Abdul Hassan Law Group PLLC in Queens Village, New York. The case is identified under Case ID 1:24-cv-08906.