Mendoza v. Amazing Floor Service Corp., and Sean Rock, individually; Case No.: 21-cv-2799

Judge grants Conditional Certification of Collective Action in the Eastern District of New York

Mendoza v. Amazing Floor Service Corp., and Sean Rock, individually; Case No.: 21-cv-2799

As previously reported on this website, in Mendoza v. Amazing Floor Service Corp., and Sean Rock, individually; Case Number:21-cv-2799, on June 23, 2021, Lead Plaintiff, Mr. Mendoza, 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 AMAZING FLOOR SERVICE CORP., and SEAN ROCK, individually (collectively as “Defendants”), alleging 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 wages.  The claims of the case are referenced in our June 2021 blog post and are reviewed as follows:

• Plaintiff worked for Defendants – – a Queens-based New York corporation that provides flooring installation services throughout New York City and Long Island, and its owner and day-to-day overseer – – as a floor installer/laborer from September 1, 2015 through November 30, 2019;
• Throughout his employment, Defendants willfully failed to pay Plaintiff the overtime wages lawfully due to him under the FLSA and the NYLL;
• Defendants routinely required Plaintiff to work, and Plaintiff did work, in excess of forty hours each week, yet Defendants failed to pay Plaintiff overtime compensation at the statutorily required rate of one and one-half times his regular rate of pay for any hours that Plaintiff worked over forty in a week;

• Defendants paid Plaintiff a fixed daily rate regardless of the total hours that Plaintiff worked in a day or week, and Defendants therefore did not pay Plaintiff overtime premiums for the hours that he worked over forty in a week, in violation of the overtime provisions of the FLSA and the NYLL;

• Defendants paid and treated all their non-managerial floor installers/laborers in the same manner.

Defendants violated Plaintiff’s rights guaranteed to him by the overtime provisions of the FLSA, the NYLL and the NYCCRR.  Additionally, Defendants violated the NYLL by failing to provide Plaintiff with any wage statement on each payday, or with any wage notice upon hire, let alone accurate ones.

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 December 13, 2021, 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 May 18, 2015 – 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.

• READ COURT AUTHORIZED NOTICE OF LAWSUIT (ENGLISH)
• READ COURT AUTHORIZED NOTICE OF LAWSUIT (SPANISH)