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Castilla v. KNS Building Restoration, INC., and Dennis Doceti, individually Civil Case No.: 1:18-cv-03838

construction sunsetNew Class and Collective Action filed in the Eastern District of New York
Castilla v. KNS Building Restoration, INC., and Dennis Doceti, individually Civil Case No.: 1:18-cv-03838

On July 2, 2018, lead Plaintiff Mr. Castilla, on behalf of himself, individually, and on behalf of all others similarly-situated, filed a class and collective action lawsuit in the United States District Court Eastern District of New York against KNS Building Restoration, INC. (“KNS Building”), and Dennis Doceti (“Doceti”), individually, (together, where appropriate, as “Defendants”). The complaint alleges as follows:

Mr. Castilla worked for Defendants - - a roofing and construction company, located in Maspeth, New York - - as a construction worker, from about January 2013 until September 2016. Most of Plaintiff’s duties involved performing demolition work, painting, construction of roofing and installing insulation. At all times during Plaintiff’s employment, Defendant Doceti personally managed and oversaw the day -to- day operations of Defendant KNS Building and was ultimately responsible for all matters with respect to determining employee’s rates, methods of pay and hours worked. Furthermore, Doceti had and exercise the power to hire, fire and approve all personnel decisions with respect to Defendant KNS Building’s employees. At all times throughout Plaintiff’s employment, Defendant’s required Plaintiff to work six days per week, from Monday through Saturday, from 7:00 a.m. until 3:30 p.m. with one half hour break each day, for a total of forty-eight hours worked each workweek. Defendants intentionally failed to compensate Mr. Castilla at the statutorily-required overtime rate for each hour that he worked more than forty hours each week and instead paid him at his straight hourly rate for all hours worked above forty hours. Thus, Defendants violated Plaintiff’s rights guaranteed to him by the overtime provisions of the Fair Labor Standards Act (“FLSA”), the New York Comp. Codes, Rules, and Regulations, and the New York Labor Law (“NYLL”). In further violation of the NYLL, Defendants also failed to provide Plaintiff with proper wage statements on each payday and with any wage notice at the time of Plaintiff’s hire, let alone accurate ones.

Defendants paid and treated all non-managerial construction workers in this same manner. Accordingly, Plaintiff brings 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 during the time period of January, 2013 – present, and/or has information that may be relevant to this case, please contact Borrelli & Associates, P.L.L.C. as soon as possible through our websites,or by phone: (516) 248–5550, (516) ABOGADO, or (212) 679–5000.

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