Martinez v. JLM Decorating, Inc., Civil Case No.: 20-cv-02969

New Action filed in the Southern District of New York

Martinez v. JLM Decorating, Inc., and JLM Decorating NYC Inc., and Cosmopolitan Interior NY Corporation, and Moshe Gold, individually, and Josafath Arias, individually, Civil Case No.: 20-cv-02969

On April 10, 2020, Plaintiff Martinez filed a lawsuit in the United States District Court Southern District of New York against JLM DECORATING, INC. (“JLM Decorating”), and JLM DECORATING NYC INC. (“JLM NYC”), and COSMOPOLITAN INTEREIOR NY CORPORATION (“Cosmopolitan”) and MOSHE GOLD, individually, and JOSAFATH ARIAS, individually, (collectively, where appropriate, as “Defendants”), alleging upon knowledge as to himself and his own actions and upon information and belief as to all other matters, as follows:

Plaintiff Martinez worked for Defendants – – three corporations that together operate as a single enterprise that runs a New York City-based painting and renovation business for commercial clients, its Chief Executive Officer, and its day-to-day overseer – – as a painter, primarily in Manhattan and always in New York, from on or around April 22, 2018 through November 21, 2018. Defendants willfully failed to pay Plaintiff the wages lawfully due to him under the Fair Labor Standards Act (“FLSA”) and the New York Labor Law (“NYLL”). Defendants routinely required Plaintiff to work beyond forty hours per week, paid Plaintiff on an hourly basis for only forty hours of work per week, and thus failed to compensate Plaintiff at any rate of pay, let alone at the statutorily-required overtime rate of time and one-half his regular rate of pay for any hours that Plaintiff worked per week in excess of forty. Throughout his employment, Defendants required Plaintiff to work, and Plaintiff did generally work, five or six days per week, Monday, Tuesday, Thursday, and Friday from 7:00 a.m. to between 6:30 p.m. and 7:30 p.m., and sometimes later, Wednesday from 7:00 a.m. to 3:30 p.m., and sometimes later until 6:30 p.m., and Saturday twice per month from 7:00 a.m. until 6:30 p.m., with one half-hour uninterrupted break period each day, for a total of between fifty-two and seventy hours per week, and sometimes more.  Furthermore, also in violation of the NYLL, Defendants failed to provide Plaintiff with accurate wage statements on each payday.  Nor did Defendants provide Plaintiff with any wage notice at the time of his hire, let alone an accurate one.

If any individual is or has previously been an employee of the Defendants 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.