Shapiro v. John Doe Corp. I
- Jesse Furman
- 1:22-cv-05022
- U.S. District Court · Southern District of New York
- 2
In Shapiro v. Trihop 14th Street LLC, Judge Furman granted dismissal of Angel Shapiro’s federal wage claims and closed the case.
Angel Shapiro’s FLSA claims were dismissed; the court declined supplemental jurisdiction over his New York-law claims, and the case was closed.
What happened
In Shapiro v. Trihop 14th Street LLC et al., Angel Shapiro alleged that his former employers failed to pay him for some hours he worked. He brought claims under the Fair Labor Standards Act and New York law, asserting that the defendants reduced his recorded work time.
Shapiro acknowledged that, even counting the allegedly unpaid time, his average hourly wage remained above the federal minimum wage. The court held that this did not support a Fair Labor Standards Act minimum-wage claim. After dismissing the only federal claims, the court declined to exercise supplemental jurisdiction over the remaining New York-law claims.
Judge Jesse M. Furman granted the defendants’ motion to dismiss, directed entry of judgment, and ordered the case closed.
The detailed version
- Shapiro v. John Doe Corp. I · No. 1:22-cv-05022
- Jesse Furman
- Mar. 24, 2023
Background
Angel Shapiro sued the owners and operators of an IHOP in Manhattan, whom he described as his putative former employers. He asserted claims under the Fair Labor Standards Act (FLSA), a federal wage law, and the New York Labor Law. His FLSA theory was that the defendants engaged in “time shaving”—failing to pay him for some hours he worked. Shapiro alleged that he worked 30 hours per week at $15 per hour but was paid for only 28 hours.
FLSA claims
Shapiro conceded that, even accounting for the allegedly unpaid time, his average hourly wage was about $14 and therefore exceeded the federal minimum wage of $7.25. The court cited decisions holding that an employee cannot state an FLSA minimum-wage claim when the employee’s average hourly wage remains above the federal minimum wage, even if some hours were not separately paid. The court therefore granted the defendants’ motion to dismiss Shapiro’s FLSA claims.
New York-law claims and disposition
After dismissing the only federal claims, the court concluded that there was no basis to exercise supplemental jurisdiction—the court’s authority to hear related state-law claims—in this case. It stated that whether Shapiro’s allegations stated a claim under New York law was a question for the state courts.
The court granted the defendants’ motion to dismiss, directed the Clerk of Court to enter judgment consistent with the opinion and order, and ordered the case closed.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.