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EBay Inc. is facing a proposed class and collective action in federal court, alleging it violated state and federal labor laws by failing to pay manual workers at a Queens, New York, warehouse on a weekly basis. The suit, filed Friday, claims the company has been noncompliant with the Fair Labor Standards Act (FLSA) and New York Labor Law (NYLL) since acquiring the warehouse in November 2021.

Allegations in the Lawsuit

The plaintiff, Manuel Duran, worked at the warehouse from December 2020 to April 2023, initially for Sneaker Con, which owned the facility before eBay's acquisition. Duran's responsibilities included moving racks of sneakers, boxing them, and performing individual inspections.

Under New York law, manual workers are entitled to weekly pay unless their employer has obtained an exemption from the state. The lawsuit alleges that eBay violated this requirement by paying Duran and approximately 60 other warehouse employees on a biweekly basis.

“Every day that said money was not paid to plaintiffs in a timely fashion, plaintiffs lost the time value and use of that money,” the complaint asserts.

Legal and Worker Protections

Duran's attorney, Avi Mermelstein of Arenson Dittmar & Karban, emphasized the importance of adhering to labor laws for manual workers.

“Warehouse workers like the plaintiffs are exactly the type of worker the frequency of pay and prompt payment laws are designed to protect,” Mermelstein said.

EBay representatives have not yet responded to the lawsuit or provided counsel information.

Class and Collective Action Scope

The lawsuit is framed as a class and collective action, seeking to represent not only Duran but also similarly situated manual laborers at eBay’s Queens facility. The scope of potential damages could include back pay for delayed wages and statutory penalties under the FLSA and NYLL.