Aquapan v. Sunshine 39 Windows & Glass, Inc. and Lim Siew Seng, individually, Civil Case No.: 19-cv-06446

New Action filed in the Eastern District of New York

Aquapan v. Sunshine 39 Windows & Glass, Inc. and Lim Siew Seng, individually,
Civil Case No.: 19-cv-06446

On November 14, 2019, Plaintiff Aquapan, on behalf of himself, individually, and on behalf of all others similarly-situated, filed a lawsuit in the United States District Court Eastern District of New York against SUNSHINE 39 WINDOWS & GLASS, INC., and LIM SIEW SENG, individually, ( where appropriate as “Defendants”), alleging as follows:

Plaintiff worked for Defendants – – a corporation that operates a retail window and shower door installation and repair business in Brooklyn and its owner and day-to-day overseer – – as a laborer from April 2011 through on or around August 15, 2018.  As described below, throughout his employment, and as is relevant to this Complaint, from April through November of each year during the six-year period pre-dating the commencement of this action until Plaintiff’s employment with Defendants ended (“the relevant period”), Defendants willfully failed to pay Plaintiff the overtime wages lawfully due to him under the Fair Labor Standards Act (“FLSA”),  and the New York Labor Law (“NYLL”).  Specifically, throughout the relevant period, Defendants required Plaintiff to work, and he did work, in excess of forty hours per week, but Defendants failed to pay Plaintiff at the statutorily required overtime rate of at least one and one-half times the minimum wage rate, or one and one-half times his regular rate of pay when greater, for any hours that he worked each week in excess of forty.  Instead, throughout the relevant period, Defendants paid Plaintiff a daily rate that ranged – – depending on the year – – between $70.00 to $135.00, with an occasional production bonus of $20 to $30 per week, regardless of the total hours that Plaintiff worked in a day or in a week, and thus did not include overtime premiums for weeks when Plaintiff worked hours in excess of forty, which was virtually each week that he worked during the relevant period.  Additionally, during the relevant period, Defendants further violated the NYLL by paying Plaintiff, at times, at an hourly rate of pay that fell below the minimum that the NYLL requires for each hour worked, by failing to pay Plaintiff an extra hour’s pay at the minimum wage rate for all days when his spread of hours worked exceeded ten, and by failing to provide Plaintiff with any wage statements on each payday or with any wage notice at the time of his hire.

Defendants paid and treated all their non-managerial laborers employees in the same manner.  Accordingly, Plaintiff brought this lawsuit against Defendants pursuant to the collective action provisions of the FLSA, on behalf of himself and on behalf of all others similarly-situated who suffered damages because of Defendants’ willful violations of the law.

If any individual is or has previously been an employee of the Defendants named in the lawsuit and/or has information that may be relevant to this case, please contact Borrelli & Associates, P.L.L.C. as soon as possible through one of our websites, www.employmentlawyernewyork.com or www.516abogado.com, or any of our phone numbers: (516) 248–5550, (516) ABOGADO, or (212) 679–5000.