Chavez et al v. Morano Landscape Garden Designs, LTD. et al Case No.: 7:17-CV-08484

New Collective/ Class Action for Landscapers of Morano Landscape Garden Designs, Ltd. et al. Filed in the Southern District of New York
Chavez et al v. Morano Landscape Garden Designs, LTD. et a.l Case No.: 7:17-CV-08484

On November 2, 2017, Plaintiff Elsa Chavez, individually only, and Carlo Escamilla, on behalf of himself, individually, and also on behalf of all others similarly-situated, filed a collective/class action lawsuit in United States District Court of the Southern District of New York against Morano Landscape Garden Designs, LTD. and Rosina Morano Sagliocco. Both Plaintiffs allege that Defendants required that they work in excess of forty hours each week that they worked and that Defendants failed to pay them at any rate of pay, much less at the rate of time and one-half their straight-time rate for any hours that they worked in excess of forty each week, in violation of the FLSA and NYLL. Plaintiffs further allege that their hourly pay rate fell below the minimum wage in violation of the FLSA and NYLL. Additionally, Plaintiffs further allege that Defendants failed to pay both Plaintiffs an extra hour’s pay at the minimum wage rate for all days when their spread of hours worked exceeded ten, nor did they provide Plaintiffs with proper wage statements as required by New York state laws.

Plaintiff Escamilla seeks to represent other landscapers employed by Defendants in this collective/class action. Throughout his employment with Defendants as a landscaper, Defendants paid Plaintiff Escamilla a flat weekly salary of $426.00 per week that was intended to cover only the first forty hours that he worked per week. Depending on the month of each year that he worked, Defendants required Plaintiff Escamilla to work either 75.25 or 64.5 hours per week. Defendants failed to pay Escamilla at any rate of pay, much less at the rate of time and one-half his straight-time rate for any hours that he worked in excess of forty each week, in violation of the FLSA and NYLL. Additionally, Plaintiff’s hourly pay rate fell below the minimum wage in violation of the FLSA and NYLL, he did not receive an extra hour’s pay at the minimum wage rate for all days when his spread of hours worked in exceeded ten and he also did receive proper wage statements on each payday as required by New York state laws.

If any person worked for the Defendants named in the lawsuit during the time period of Wednesday, November 2, 2011 – present or has information that may be relevant to this case, contact Borrelli & Associates, P.L.L.C. as soon as possible through our websites, www.employmentlawyernewyork.com or www.516abogado.com, or any of our phone numbers: (516) 248-5550, (516) ABOGADO, and (212) 679-5000.