Vasquez v. Bolla Operating L.I. Corp.
2:22-cv-07014
E.D.N.YMar 31, 2025Background
- Plaintiff Jose Vasquez sued Bolla Operating Corp. and Bolla Operating L.I. Corp., alleging violations of the Fair Labor Standards Act (FLSA), Family and Medical Leave Act (FMLA), New York Labor Law (NYLL), and New York State Human Rights Law (NYSHRL).
- Vasquez sought to amend his complaint to add Basharat Ali as a plaintiff and Harvinder Singh as a defendant.
- Defendants opposed, arguing the amendment was futile: Ali's overtime claims were insufficiently pled, and Singh was not plausibly alleged to be an "employer" under the FLSA or NYLL.
- Magistrate Judge Tiscione recommended granting the motion to amend and denying the motion to strike a sur-reply.
- Defendants objected, contending the new overtime and employer liability allegations were inadequate; the District Court reviewed the recommendation for clear error under the non-dispositive standard.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of Ali’s post-May 2023 overtime claim | PAC plausibly alleges Ali worked >60 hours and wasn't compensated | Fails to specify number of hours worked; lacks detail | Sufficient under Dejesus; Not futile |
| Singh’s individual liability as employer | PAC contains facts supporting Singh’s control and pay decisions | Merely recites Carter test factors without facts | Sufficient factual context; not erroneous |
| Leave to amend standard | Justice requires freely granting amendments | Amendment is futile and prejudicial | Amendment granted under Rule 15 |
| Motion to strike sur-reply | Sur-reply exceeded permitted scope | Sur-reply proper or moot | Motion to strike denied as moot |
Key Cases Cited
- Dejesus v. HF Mgmt. Servs., LLC, 726 F.3d 85 (2d Cir. 2013) (clarifies plausibility standards for FLSA overtime claims)
- Lundy v. Catholic Health Sys. of Long Island Inc., 711 F.3d 106 (2d Cir. 2013) (specificity required for uncompensated overtime work allegations)
- Nakahata v. N.Y.-Presbyterian Healthcare Sys., Inc., 723 F.3d 192 (2d Cir. 2013) (requirements for pleading overtime under FLSA)
- Carter v. Dutchess Cmty. Coll., 735 F.2d 8 (2d Cir. 1984) (articulates "economic realities" test for individual employer liability under FLSA)