New Collective Action filed in the Southern District of New York
Flores v. New City Lawn & Landscape, Inc., and Joseph Monteferrante, individually Case No.: 7:18-cv-05456
On June 18, 2018, Lead Plaintiff Mr. Flores filed a collective action lawsuit in United States District Court – Southern District of New York against New City Lawn & Landscape, Inc., and Joseph Monteferrante, individually. The complaint alleges as follows:
Mr. Flores began working for Defendants – a Rockland County landscaping corporation and its Chief Executive Officer and day-to-day overseer – as a laborer, from in or around March 2001 through the present. As a laborer, Plaintiff’s main duties consist of cutting grass and hedges, planting, cleaning, moving tools and equipment, weeding, fencing, and landscaping at multiple locations. Beginning in 2012, from April until December of each year, Mr. Flores generally worked and works fifty-nine hours per week. Despite that Defendants routinely required and still require Mr. Flores to work beyond forty hours each week during his employment, Defendants paid and continue to pay Plaintiff at his regular hourly rate for all hours worked, including the nineteen overtime hours worked each week. By failing to compensate Plaintiff Flores at the statutorily-required rate of time and one-half for the hours he worked and continues to work in excess of forty each week, Defendants violated and continue to violate Plaintiff’s rights guaranteed to him by the New York Labor Law (“NYLL”), the New York Compensation Codes Rules and Regulations (“NYCCRR”), and the Fair Labor Standards Act (“FLSA”).
Furthermore, although Defendants paid and continue to pay Plaintiff on a weekly basis, on each occasion, they failed and still fail to furnish Plaintiff with accurate wage statements, as the NYLL requires. Finally, Defendants pay and treat all laborers who work and worked for them in the same manner. Accordingly, Plaintiff Flores brings this lawsuit against Defendants pursuant to the collective action provisions of the FLSA, on behalf of himself and on behalf of all others similarly-situated who suffered damages because of Defendants’ willful violations of the law.
If any individual is or has previously been an employee for the Defendants named in the lawsuit during the time period of June 18, 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 through one of our websites, www.employmentlawyernewyork.com or www.516abogado.com, or by phone: (516) 248–5550, (516) ABOGADO, or (212) 679–5000.