Torres and Tavarez v. Bo-Mell Enterprises, Inc. and Quality Auto Body & Painting Center, Inc., and Richard Cisternas, individually Civil Case No.: 18-cv-8997

New Collective Action filed in the Southern District of New York
Torres and Tavarez v. Bo-Mell Enterprises, Inc. and Quality Auto Body & Painting Center, Inc., and Richard Cisternas, individually
Civil Case No.: 18-cv-8997

On October 1, 2018, Torres and Tavarez, (together, where appropriate, as “Plaintiffs”), on behalf of themselves, individually, and on behalf of all others similarly-situated, filed a collective action lawsuit against BO-MELL ENTERPRISES, INC. (“Bo-Mell”), QUALITY AUTO BODY & PAINTING CENTER, INC. (“Quality Auto”), and RICHARD CISTERNAS (“Cisternas”), individually, (together, where appropriate, as “Defendants”). The complaint alleges as follows:

Defendants Bo-Mell and Quality Auto are two entities that operates as a single enterprise and that together run a collision and autobody repair shop located at 1941 Jerome Avenue, Bronx, New York 10453 (“the Body Shop”). Defendant Cisternas is the individual who oversees and exercises operational control over the Body Shop daily. Around February 2008, Plaintiff Torres commenced his employment with the Defendants as a body man, a position which he held until October 20, 2017. As a body man, Plaintiff Torres’s primary duties included, performing bodywork on the vehicles, both interior and exterior, as well as compounding, detailing vehicles and completing electrical work. While, on the other hand, Plaintiff Tavarez is a current employee of Defendants who commenced his employment in approximately 2000, as a painter. Throughout his employment, Plaintiff Tavarez’s primary duties include, preparing vehicles to be painted, preparing the paint, and painting the vehicles. Thus, as described below and as is relevant herein, from June 12, 2012 through the date of commencement of this action (“Relevant Time Period”), the Defendants willfully failed to pay Plaintiffs all the wages lawfully due to them under the Fair Labor Standards Act (“FLSA”) and the New York Labor Law (“NYLL”). Specifically, with respect to Plaintiff Torres, from the beginning of the Relevant Time Period until the end of his employment, and with respect to Plaintiff Tavarez, from the beginning of the Relevant Time Period until the end of 2016. Defendants required Plaintiffs to routinely work, and Plaintiffs did in fact work, in excess of forty hours each week, but Defendants failed to compensate them at the statutorily-required overtime rate for any hours that hey worked in a week in excess of forty. Instead, Defendants paid both Plaintiffs a flat weekly wage that operated to cover only the first forty hours that they worked per week, and thus, Defendants willfully failed to compensate Plaintiffs at any rate of pay, let alone at the statutorily-required overtime rate of one and one-half times their respective regular rates of pay, for all hours that they worked in excess of forty each week, in violation of the FLSA and the NYLL.

If any individual is or has previously been an employee of the Defendants named in the lawsuit during the time period of June 12, 2012 – present, and/or has information that may be relevant to this case, please contact Borrelli & Associates, P.L.L.C. as soon as possible or any of our phone numbers: (516) 248–5550, (516) ABOGADO, or (212) 679–5000.