Thank you for sharing!

Your article was successfully shared with the contacts you provided.

OPINION & ORDER   Plaintiff Young Min Lee (“Plaintiff”) brings this action against Defendants New Kang Suh Inc. and Myung Sook Choi (together, “Defendants”). (“Complaint,” ECF No. 1.) Plaintiff asserts claims for violations of the Fair Labor Standards Act (“FLSA”), 29 U.S.C. §201 et seq., and New York Labor Law (“NYLL”). By Order dated February 15, 2019, the Court granted Defendants’ motion to dismiss the Complaint and provided Plaintiff with leave to amend her claims. (ECF No. 23.) Plaintiff filed an Amended Complaint on March 18, 2019. (ECF No. 24.) Presently before the Court is Defendants’ motion to dismiss the Amended Complaint pursuant to Federal Rule of Civil Procedure Rule 12(b)(6). (ECF No. 27.) For the following reasons, Defendants’ motion is GRANTED in part and DENIED in part. BACKGROUND I. Factual Background The following facts are derived from the Amended Complaint or documents Plaintiff was aware of before she initiated this suit and are assumed to be true for the purposes of this motion. From 2001 through her termination on June 15, 2017, Plaintiff worked for Defendants as a waitress in Yonkers, New York. (Am. Compl. (ECF No. 24) 11.) On June 16, 2017, Plaintiff contacted Defendants and demanded $30,000.00 as severance payment. (Id. 25.) Thereafter, Defendants contacted Plaintiff and offered $17,000.00 as severance payment. (Id.) Defendants instructed Plaintiff to pick up her severance payment on June 27, 2017, at the residence of a friend of Defendant Choi. (Id.) When Plaintiff met with Defendants, they presented her with a Confidential Settlement Agreement and General Release (the “Settlement Agreement”), in which Defendants agreed to pay Plaintiff $17,000.00 in return for her release of any claims Plaintiff might have against Defendants, including FLSA claims. (Id. 26; see Decl. of Sonali Setia in Supp. of Mot. to Dismiss (“Setia Decl.”) (ECF No. 28) Ex. A.) Plaintiff was told she would have to sign the Settlement Agreement prior to receiving her severance payment. (Am. Compl. 27.) It was Plaintiff’s understanding that she was being offered the severance payment because her position had been terminated, and she was never told that the severance payment was a payment of unpaid wages owed to her by Defendants. (Id. 28.) Plaintiff signed the Settlement Agreement, stating that due to her recent termination, she “had little choice but to sign the necessary documents to receive her severance compensation.” (Id. 27.) The Settlement Agreement was written in English. (Id. 29.) Plaintiff, who only speaks and understands Korean, did not have an interpreter present when she signed the Settlement Agreement. (Id.) Plaintiff also did not have an attorney present when she signed the Settlement Agreement and never consulted with an attorney about her FLSA rights. (Id.) During her employment, Plaintiff worked approximately sixty and a half hours per week. (Id. 12.) Plaintiff was paid a flat daily rate of $55 from 2001 until 2015 and then $60 from 2015 until her termination. (Id.

13-14.) Plaintiff was never provided with overtime compensation or “spread of hours” compensation for shifts lasting longer than ten hours. (Id.

Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

More From ALM

Premium Subscription

With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now

Team Accounts

Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now

Bundle Subscriptions

Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now

Legalweek(year) 2021

February 02, 2021 - July 14, 2021

Legalweek(year) will bring together thousands of legal professionals for a series of 5 innovative virtual legal events.


New York Legal Awards 2021

October 21, 2021
New York, NY

The New York Law Journal honors attorneys and judges who have made a remarkable difference in the legal profession in New York.


Pennsylvania Legal Awards 2021

June 24, 2021

The Legal Intelligencer honors lawyers leaving a mark on the legal community in Pennsylvania with their dedication to law.



Plymouth Meeting, Pennsylvania, United States

Boutique suburban Philadelphia area based Personal Injury firm seeks a very motivated associate with a minimum of 5 years practice experienc...

Apply Now ›

Corporate Associate

New York, New York, United States

Duane Morris LLP has an opening for a mid-level corporate associate in its New York office. Join an exciting and growing M&A practice in...

Apply Now ›


New York, New York, United States

Lax & Neville LLP, a boutique law firm specializing in securities arbitration/litigation, financial services regulatory defense, financi...

Apply Now ›




View Announcement ›



GILL & CHAMAS Congratulations to our partner and friend,DAVID H. LANDE, ESQ on his appointment to Judge in the Division of Workers Compensation.

View Announcement ›



Please to announce that....

View Announcement ›