For the second time this year, a former employee of a Mamaroneck dental practice has claimed she was required to work extra hours without pay.
Rita Moreno claims she had to work an extra 15 to 20 hours a week without compensation for Dr. Daniela Hijazin and Westchester Dental P.C., in a complaint filed Nov. 23 in U.S. District Court, White Plains.
This past June, former office manager Edith Pirinea made essentially the same allegation in a federal court lawsuit.
Dr. Hijazin’s attorney, Michael J. Mauro, did not reply to an email asking for a response to the allegations.
Moreno, of New Rochelle, says she worked as a dental assistant for five year, from June 2015 to June 2020.
She typically worked on the clock from 9 a.m. to 5 p.m., according to the complaint, but one hour a week was deducted because of a company policy that disallowed clocking out at 40 hours or more per workweek.
Additionally, the complaint states, she was required to do extra manual tasks without compensation, such as cleaning offices, mopping stairwells, taking out garbage, decorating the office, and checking rent deposits from other tenants in Dr. Hijazin’s building at 444 East Boston Post Road.
Her husband, Dr. Eyad Hijazin, operates Her Secret MedSpa and a medical practice in the same building.
Moreno claims she devoted about 15 to 20 hours a week on the extra tasks.
She was paid biweekly by electronic direct deposit, according to the complaint, but received no statements displaying her hours, pay rate or deductions.
She is demanding unspecified damages for unpaid overtime hours, under federal and state laws, and for failure to provide wage statements.
In the previous lawsuit, Pirinea, also of New Rochelle, claims she worked without compensation for more than 20 extra hours a week on a marketing plan that brought in more patients to the dental practice.
She alleges that she was fired in June 2020, a few weeks after she questioned Medicaid billing practices.
Pirinea is demanding $125,000 for alleged overtime wage violations and retaliation.
Dr. Hijazin and Westchester Dental P.C. have missed deadlines for answering the Pirinea complaint. On Nov. 29, U.S. District Judge Philip M. Halpern ordered them to advise the court by Dec. 2 whether they intend to answer the complaint or move to dismiss it.
Moreno is represented by Manhattan attorneys Ilevu Yakubov and Adam Sherman of Jacobs P.C., the same firm that represents Pirinea.
