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FlyFit Failure to Keep Records, Pay Wages FLSA NYLL Lawsuit

The complaint for this lawsuit claims that FlyFit Holdings, LLC and Brian Chappon failed to pay plaintiff Alexander Ray Thurston properly and did not maintain accurate work records. It also alleges that Chappon did not maintain FlyFit as a legal entity separate from himself but more like an alter ego.

FlyFit Holdings does business as FlyFit Global in the Chelsea neighborhood of New York City. The complaint alleges that Brian Chappon fails to adhere to formalities necessary to operate FlyFit as a corporation, that he failed to hold annual meetings or maintain proper corporate records, and that he transferred assets freely between himself and the corporation, among other things. Chappon is therefore named as a defendant in the case along with FlyFit.

Thurston worked for FlyFit from approximately December 1, 2017 until May 1, 2018 as an executive assistant to the CEO. During this time, he says he worked from roughly 9:00 to 5:00, five days a week. 

Originally, the complaint says, Thurston was told that he would get a salary of $75,000, but he was paid his first check on February 6, 2018. The amount of the check was only $3,600, the complaint says, and the amount was supposed to cover all work to that date. On March 8, he was paid another $3,600; then for work between that date and April 18, he was paid $2,750. From then on until he quit the company, he was paid no wages at all. All payments were made by personal check, the complaint says. 

Thurston was also required to provide his own equipment and tools of the trade to perform his work, which the complaint claims is also a violation of FLSA and NYLL.

Thurston did not keep a record of his working hours and did not believe he was required to do so. FlyFit and Chappon did not provide any notice about overtime or wages under the Fair Labor Standards Act (FLSA). Also, they did not give him an accurate statement of wages or notice of his rate of pay, employer’s regular payday, or other information that is required under New York Labor Law (NYLL).

The complaint claims that FlyFit and Chappon violated the requirements of FLSA and NYLL, by not keeping proper records, not providing wage statements, not paying for Thurston’s equipment, and not paying him in a timely manner. The complaint claims that the violations were willful and in bad faith.

Article Type: Lawsuit
Topic: Employment

Most Recent Case Event

FlyFit Failure to Keep Records, Pay Wages FLSA NYLL Complaint

October 3, 2018

The complaint for this lawsuit claims that FlyFit Holdings, LLC and Brian Chappon failed to pay plaintiff Alexander Ray Thurston properly and did not maintain accurate work records. It also alleges that Chappon did not maintain FlyFit as a legal entity separate from himself but more like an alter ego.

flyfit_unpaid_wages_complaint.pdf

Case Event History

FlyFit Failure to Keep Records, Pay Wages FLSA NYLL Complaint

October 3, 2018

The complaint for this lawsuit claims that FlyFit Holdings, LLC and Brian Chappon failed to pay plaintiff Alexander Ray Thurston properly and did not maintain accurate work records. It also alleges that Chappon did not maintain FlyFit as a legal entity separate from himself but more like an alter ego.

flyfit_unpaid_wages_complaint.pdf
Tags: Employment Violations, Failure to Pay for Work or Services Rendered, Failure to Provide Proper Timesheets