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Leong v. 127 Glen Head, Inc.

United States District Court, E.D. New York

May 4, 2015

PIK QUAN LEONG, Plaintiff,
v.
127 GLEN HEAD INC. d/b/a KIRAKU JAPANESE RESTAURANT INC. and JIN HANG ZHENG, Defendants

For the Plaintiff: By: Zafer A. Akin, Esq., Robert D. Salaman, Esq., Of Counsel, Akin Law Group, PLLC, New York, NY.

For the Defendants: By: William X. Zou, Esq., Of Counsel, Law Office of Xian Feng Zou, Flushing, NY.

DECISION AND ORDER

ARTHUR D. SPATT, United States District Judge.

On October 7, 2013, the Plaintiff Pik Quan Leong (the " Plaintiff" ) commenced this action pursuant to Title VII of the Civil Rights Act of 1964, 42 U.S.C. § § 2000e et seq. (" Title VII" ); the Fair Labor Standards Act (the " FLSA" ), 29 U.S.C. § 207(a)(1), 216(b); New York Executive Law § 296 et seq.; the Administrative Code of the City of New York, § 8-101 et seq.; the New York State Minimum Wage Act, N.Y. Labor Law § § 650-665 et seq. (the " NYMWA" ); and Title 12 of the New York Codes, Rules and Regulations, § 142-2.1, 2.2 (the " NYCRR" ).

On December 5, 2014, the Plaintiff moved pursuant to Federal Rule of Civil Procedure (" Fed. R. Civ. P." ) 56 for summary judgment on liability with regard to her overtime pay claims and associated damages, including liquidated damages, prejudgment interest, and attorneys' fees.

For the reasons set forth below, the motion is denied.

I. BACKGROUND

Unless otherwise stated, the following facts are drawn from the parties' Rule 56.1 Statements and Exhibits and construed in a light most favorable to the non-moving parties, the Defendants. As the present motion is limited to the Plaintiff's overtime claims, the Court omits a recitation regarding her other claims. Triable issues of fact are noted.

A. The Parties

The Plaintiff is a female who, at the time the complaint was filed, resided in Queens County, New York.

At all relevant times, the Defendant 127 Glen Head Inc. was a New York entity doing business as Kiraku Japanese Restaurant (" Kiraku" ). Kiraku operated from the premises designated as 127 Glen Head Road, Glen Head, New York 11545.

The Defendant Jin Hang Zheng (" Zheng" ) was and is an owner and/or principal of Kiraku.

B. The Underlying Overtime Pay Dispute

In November 2011, the Plaintiff commenced employment with Kiraku. Her ...


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