Cwikla v. Safeway Construction Enterprises, LLC, and SCSC Enterprises Inc., and Steve Cestaro, individually, Civil Case No.: 20-cv-1976

New Action filed in the Eastern District of New York

Cwikla v. Safeway Construction Enterprises, LLC, and SCSC Enterprises Inc., and Steve Cestaro, individually, Civil Case No.: 20-cv-1976

On April 30, 2020, Plaintiff Cwikla filed a lawsuit in the United States District Court Eastern District of New York against SAFEWAY CONSTRUCTION ENTERPRISES, LLC, and SCSC ENTERPRISES INC., and STEVE CESTARO, 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 Cwikla worked for Defendants, two site development and utilities construction companies that operate as a single enterprise based in Maspeth, New York, and the enterprise’s Chief Executive Officer – – as a non-managerial laborer from March 6, 2017 to February 15, 2020. As a result of Plaintiff’s participation as an opt-in plaintiff in the Fair Labor Standards Act (“FLSA”)/ New York Labor Law (“NYLL”) wage and hour collective and class action entitled Egan et al. v. Safeway Construction Enterprises, LLC. et al., 18-cv-2052-RJD-PK (E.D.N.Y. Apr. 9, 2019) (“Egan Action”) Defendants retaliated by terminating Plaintiff’s employment in violation of the FLSA and the NYLL. Defendants similarly took actions to discourage and/or threaten other non-managerial laborers from participating in the Egan Action. Accordingly, Plaintiff brings this lawsuit against Defendants pursuant to the collective action provisions of the FLSA, on behalf of himself, individually, and on behalf of all other persons similarly-situated during the applicable FLSA limitations period who suffered damages as a result of Defendants’ violations of the FLSA’s anti-retaliation provisions. Plaintiff also brings his claims under the NYLL’s anti-retaliation provisions on behalf of himself, individually, and on behalf of any FLSA Plaintiff, as that term is defined below, who opts into this action.

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 on our website or via phone: (516) 248–5550, (516) ABOGADO, or (212) 679–5000.