Portilla v. Bridgehampton Stone, Inc.; and Bridgehampton Stone & Brick, Inc., and Daniel Messina, an individual, and Cesar Villansaca, an individual, Civil Case No.: 17-cv-2549(JMA)(AYS)
On April 28, 2017, Plaintiff Mr. Portilla, on behalf of himself and on behalf of all others similarly-situated, filed a collective action lawsuit against Bridgehampton Stone, Inc. (“BSI”), and Bridgehampton Stone & Brick, Inc. (“BSBI”), and Daniel Messina (“Messina”), an individual, and Cesar Villansaca (“Villansaca”), an individual, (together as “Defendants”), alleging debilitating violations of the Fair Labor Standards Act (“FLSA”), the New York Labor Law (“NYLL”), and the New York Comp. Codes, Rules, and Regulations (“NYCCRR”), including the failure of Defendants to compensate Plaintiff for overtime provisions. The factual allegations of the case are as follows:
Straight-time rate is particularly important because when a non-exempt employee works over forty hours per week, the employer is required by law to pay the employee at 1.5x his/her straight-time rate of pay for each hour worked in excess of forty. The additional pay is called the overtime rate. By failing to compensate Plaintiff Portilla for these hours, Defendants violated rights guaranteed to Plaintiff by the overtime provisions of the FLSA, the NYLL, and the NYCCRR.
Finally, the NYLL requires that employers furnish employees with wage statements that accurately reflects the number of hours work on each week. However, on each occasion when Defendant paid Plaintiff, they failed to provide him with any wage statements, that accurately listed Plaintiff’s actual hours worked for that workweek or overtime rates of pay for all hours worked.
On March 12, 2019, United States Magistrate Judge Anne Y. Shields, granted an order for conditional certification of a collective action against Bridgehampton Stone, Inc., and Bridgehampton Stone & Brick, Inc., and Daniel Messina, and Cesar Villansaca. Judge Shields authorized that a collective action notice be sent to current and former employees, who worked at any time from July 26, 2016 to the present as a non-managerial construction laborer. By filing the collective action notice, current and former employees will become part of the case and eligible to receive money damages if they were not paid properly as the Plaintiffs in this case allege.
If you or a person you know worked for the Defendants named in the lawsuit during the time period of July 26, 2016 – present or has information that may be relevant to this case, contact Borrelli & Associates, P.L.L.C. as soon as possible through one of our websites, www.employmentlawyernewyork.com, www.516abogado.com or any of our phone numbers: (516) 248-5550, (516) ABOGADO, and (212) 679-5000.
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