Mendoza, on behalf of himself individually, and on behalf of all others similarly situated. Amazing Floor Service Corp., and Sean Rock, individually, Civil Case No.:21-cv-2799
On May 18, 2021, Plaintiff Mendoza, on behalf of himself individually, and on behalf of all others similarly situated (“Plaintiff”) filed a lawsuit in the Eastern District of New York against AMAZING FLOOR SERVICE CORP. (“AFS”), and SEAN ROCK, individually (“Rock,” together, 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 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. As described below, throughout the entirety of Plaintiff’s employment, Defendants willfully failed to pay Plaintiff the overtime wages lawfully due to him under the Fair Labor Standards Act (“FLSA”) and the New York Labor Law (“NYLL”). Specifically, Defendants 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. Instead, 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 further violated the NYLL by failing to provide Plaintiff with any wage statement on each payday, or with any wage notice upon his hire, let alone accurate ones.
Defendants paid and treated all of their non-managerial floor installers/laborers in the same manner. Accordingly, Plaintiff brought this lawsuit against Defendants pursuant to the collective action provision of the FLSA, 29 U.S.C. § 216(b), 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 Defendant’s violations of the FLSA. Additionally, Plaintiff brought his claims under New York law on behalf of himself, individually, and on behalf of any FLSA Plaintiff, as that term is defined below, that 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 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.
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