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Pena v. Big Mack Painting Corp. et al. Case No.: 19-cv-00265

painters toolsJudge grants Conditional Certification of Collective Overtime Wages Action in the Eastern District of New York

Pena v. Big Mack Painting Corp. et al.; Case No.: 19-cv-00265

On January 14, 2019, Lead Plaintiff, Mr. Pena, on behalf of himself, individually, and on behalf of all others similarly-situated, filed a collective action lawsuit in the United States District Court Eastern District of New York against BIG MACK PAINTING CORP. (“Big Mack”), and OV PAINTING AND SUPPLY, INC. (“OV”), and BRUCE POLK, individually (“Polk”), and DENNIS CAROLLO, individually (“Carollo”), (collectively, where appropriate, as “Defendants”), alleging deliberating violations of the Fair Labor Standards Act (“FLSA”) and the New York Labor Law (“NYLL”) and the New York Comp. Codes, Rules, and Regulations (“NYCCRR”), including the failure of Defendants to compensate Plaintiffs for overtime wages. The claims of the case are reviewed as follows:

  • Plaintiff worked for Defendants – – two corporations that operate as a single enterprise that runs a Staten Island-based painting and renovation business, and their day-to-day overseers – – as a painter from in or around March 2013 until on or around April 3, 2018.
  • Defendants Polk and Carollo, together run the business on a daily basis.
  • In or around March 2013, Defendant Carollo, on behalf of Defendants, hired Plaintiff to work for Defendants as a painter. Plaintiff worked for Defendants continuously in that role until on or around April 3, 2018.
  • As a painter, as its name suggests, Plaintiff’s main duties consisted of painting and plastering on the interior and exterior of residential and commercial buildings. Plaintiff performed these tasks for Defendants at multiple locations in Brooklyn, Queens, and Staten Island, as well as in Manhattan and Hoboken, New Jersey.

Defendant violated and continue to violate Plaintiffs’ rights guaranteed to them by the overtime provisions of the FLSA, the NYLL and the NYCCRR. Additionally, Defendant has failed to provide Plaintiffs with accurate wage statements on each payday or with accurate wage notices at their time of hire displaying their overtime rates of pay.

Certification of Collective Action

In this case, pursuant to the request of the Plaintiff, the Judge reviewed claims that the Plaintiff brought forward alleging that there are additional workers in the same “class” (performing the same or similar duties) whose rights have been violated. On May 20, 2019, Plaintiffs’ motion for approval of a collection action was granted, allowing the case to proceed as a collective action enabling any current and former employees who were not paid properly to join the lawsuit and seek redress for Defendants’ failure to compensate them in accordance with the law.
If you or a person you know worked for the Defendants named in the lawsuit during the time period of January 14, 2013 – 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,, or any of our phone numbers: (516) 248-5550, (516) ABOGADO, and (212) 679-5000.


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