Deas v. Alba Carting & Demolition, Inc., Alba Services Inc., and Andrew Horan Case No. 1:17-cv-03947-RA

New Collective Action granted in the Southern District of New York
Deas v. Alba Carting & Demolition, Inc., Alba Services Inc., and Andrew Horan Case No. 1:17-cv-03947-RA

United States District Judge Ronnie Abrams ordered the conditional certification of a collective action against Defendants Alba Carting & Demolition Inc. (“Alba”) and Andrew Horan, Defendant Alba’s Chief Executive Officer, under the Fair Labor Standards Act. The Court has authorized that a collective action notice be sent to all current and former employees who, during the time period of May 24, 2014 to present, preformed any work as laborers and/or other similar positions for Defendants, so that they may be given the opportunity to file a claim to recover damages for overtime compensation that is legally due to them. Additionally, the Court denied Defendants’ motion to dismiss Plaintiff’s Complaint, premised on the erroneous argument that named-Defendants were not Plaintiff’s employers, holding that “Plaintiff’s allegations make a plausible case that Defendants were employers under the FLSA.” Finally, the Court also granted Plaintiff’s request for leave to amend Plaintiff’s Complaint to add Alba Services Inc. as a defendant.

If you worked as a laborer and/or any other similar positions for Alba Carting & Demolition Inc., Alba Services Inc., and Andrew Horan at any time between May 24, 2014 and the present, you might be entitled to join a lawsuit seeking back pay for overtime wages. Contact New York Employment lawyers Borrelli & Associates for more information.

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