N.Y. Discount Stores Wage & Hour Settlement

UPDATE: The N.Y. Discount Stores Wage & Hour Class Action Settlement was granted final approval on October 30, 2020. Let Top Class Actions know when you receive a check in the comments section below or on our Facebook page.

A chain of New York City discount stores has reached an $11 million settlement to end allegations that the company violated federal and state wage and hour laws by paying workers less than minimum wage and denying them overtime.

Class Members include those individuals who are currently or were formerly employed by discount stores operated by Mohamed Doria and/or Iqbal Memon between Oct. 4, 2008 and Oct. 10, 2017. There are an estimated 133 workers in the Class, including 63 opt-in plaintiffs and 70 absent Class Members.

According to workers, Mohamed Doria and Iqbal Memon operate discount stores in the Bronx and Queens which make a practice of paying workers far too little. The workers assert that they are often paid less than $5 per hour, well below minimum wage, and were denied overtime pay even when working more than 60 hours per week.

This settlement represents the end of what the settlement agreement calls “five years of very contentious litigation.” The workers filed their discount chain wage and hour collective action lawsuit on Oct. 3, 2014. 

The first complaint included counts of unpaid wages, unpaid overtime, unpaid spread of hours pay, and un-issued wage statements. The discount stores wage and hour collective action lawsuit was amended on Dec. 17, 2015 to include claims that the retail chain had retaliated against some workers. The workers received collective action certification for their proposed class on Oct. 10, 2017.

Reportedly, the primary terms of the settlement were struck mere days before the Memon/Doria wage and hour collective action lawsuit was set to go to trial, while some smaller details had yet to be worked out. 

Iqbal Memon and representatives for the late Mohamed Doria, as well as other defendants named by the workers, continue to deny the allegations brought forward. However, the defendants have agreed to settle the claims in the interest of avoiding the continued costs and risks of litigation. Of the $11 million settlement, Iqbal Memon will pay $500,000. The estate of Mohamed Doria will pay $3 million, and the remainder will be paid by individuals and stores also named as defendants. 

Class Members who submit a valid claim will recover at least $2,000 from the settlement. Those workers who allegedly suffered retaliation from the discount stores for objections to the wage and hour violations will receive $30,000 each from the settlement. Class representatives and other plaintiffs will receive up to $10,000 for their role in the discount stores collective action lawsuit.

The settlement stipulates that the class attorneys will receive up to one third of the $11 million for fees and costs.

To receive benefits, Class Members must mail in a valid claim form by Sept. 21, 2020. Class Members who remain in the Class, whether or not they receive benefits, will give up their rights to pursue independent litigation over the claims at issue in the discount stores collective action lawsuit. 

Class Members have the right to object to the discount stores settlement, and must send their objections to the court by Sept. 21, 2020. Class Members who wish to exclude themselves from the Class must do so by Sept. 21, 2020. Class Members who exclude themselves will receive no settlement benefits but will retain their rights to pursue independent litigation over the claims at issue in the discount stores collective action lawsuit.

Class Members are invited but not required to attend a fairness hearing scheduled for Oct. 30, 2020.

Who’s Eligible

Class Members include those individuals who are currently or were formerly employed by discount stores operated by Mohamed Doria and/or Iqbal Memon between Oct. 4, 2008 and Oct. 10, 2017.

Potential Award

Cash payments of at least $2,000.

Class Members who submit a valid claim will recover at least $2,000 from the settlement.

Those workers who allegedly suffered retaliation from their employer for objections to the wage and hour violations will receive $30,000 each from the settlement.

Class Members may be eligible for a second round of checks paid out if some settlement benefits are unclaimed after the first round of checks are paid out.

Proof of Purchase

Absentee Class Members must provide their employment start and end date, as well as their tax forms, on their claim form.

Claim Form

CLICK HERE TO FILE A CLAIM »

NOTE: If you do not qualify for this settlement do NOT file a claim.

Remember: you are submitting your claim under penalty of perjury. You are also harming other eligible Class Members by submitting a fraudulent claim. If you’re unsure if you qualify, please read the FAQ section of the Settlement Administrator’s website to ensure you meet all standards (Top Class Actions is not a Settlement Administrator). If you don’t qualify for this settlement, check out our database of other open class action settlements you may be eligible for.

Claim Form Deadline

9/21/2020

Case Name

Agropong, et al. v. Memon, et al., Case No. 1:14-cv-07990, in the U.S. District Court for the Southern District of New York

Final Hearing

10/30/2020

Settlement Website

DiscountStoresClassAction.com

Claims Administrator

Doria/Memon Discount Stores Wage and Hour Litigation Settlement
P.O. Box 58731
Philadelphia PA 19102
DiscountStoresSettlement@AdministratorClassAction.com
833-415-0864

Class Counsel

Christopher Marlborough
MARLBOROUGH LAW FIRM PC

Jonathan E. Schulman
John C. Luke
SLATER SLATER SCHULMAN LLP

Defense Counsel

The estate of Mohamed Doria is represented by:
Joseph M. Heppt
THE HEPPT LAW OFFICE PLLC

Iqbal Memon is represented by:
Shawn A. Turck
TURCK LAW PC

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