Henderson v. AFG Group, Inc., Case No.: 1:18-cv-04179

New Action filed in the Southern District of New York
Henderson v. AFG Group, Inc., Case No.: 1:18-cv-04179
On May 9, 2018, Plaintiff Ms. Henderson, filed a civil action lawsuit in United States District Court – Southern District of New York against AFG Group, Inc. The complaint alleges as follows:

Ms. Henderson worked for Defendant – a management and consulting business – in its Manhattan office from May 2006 until her termination on February 15, 2018. As an office engineer, Plaintiff’s primary duties entailed: filing and maintaining documents at the project site; receiving requisitions and drawings; and typing a monthly report to keep track of the documents received for the project. For at least the six-year period pre-dating the commencement of this action until her last day of work, Defendant required Plaintiff to work between forty-four and fifty hours each week. Despite that Plaintiff performed primarily non-exempt job duties, Defendant intentionally misclassified Ms. Henderson as exempt from overtime and paid her a flat annual salary. Although her annual salary increased throughout the years, the manner in which Defendant paid Plaintiff remained the same – Plaintiff received a fixed weekly salary that was intended to compensate her for only her first forty hours of work each week. Throughout her employment, Defendant willfully failed to pay Plaintiff at any rate of pay for any hours that she worked in a week in excess of forty, let alone at her overtime rate of pay, as the Fair Labor Standards Act and the New York Labor Law (“NYLL”) require. Defendant further violated the NYLL by failing to provide Plaintiff with accurate wage statements on each payday.

If any individual is or has previously been an employee for the Defendant 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.