Roman v. Jasco Plumbing & Heating Supply, Inc.,and Jeffrey Bass, individually, and Matthew Bass, individually, Civil Case No.:21-cv-4030

New Action filed in the Southern District of New York

Roman v. Jasco Plumbing & Heating Supply, Inc.,and Jeffrey Bass, individually, and Matthew Bass, individually, Civil Case No.:21-cv-4030 

On May 5, 2021, Plaintiff Roman filed a lawsuit in the Southern District of New York against JASCO PLUMBING & HEATING SUPPLY, INC. (“Jasco”), and JEFFREY BASS, individually, and MATTHEW BASS, 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 worked for Defendants – – a New York corporation that operates a Bronx-based plumbing and heating supplies business and its day-to-day overseers – – as a salesperson from March 2016 until March 2020.  As described below, throughout 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 in fact work, in excess of forty hours virtually each week, yet Defendants failed to compensate Plaintiff at the rate of one and one-half times his regular rate of pay for any hours that he worked in excess of forty in a week.  Instead, Defendants paid Plaintiff a flat weekly salary that Plaintiff and Defendants expressly agreed, at the time of Plaintiff’s hire, as meant to compensate Plaintiff for only his first forty hours of work each week, and thus Defendants failed to compensate Plaintiff at any rate of pay, let alone at the statutorily-required rate of one and one-half times his regular hourly rate for any hours that Plaintiff worked in excess of forty in a week, in violation of the FLSA and the NYLL.

Moreover, Defendants failed to provide Plaintiff with an accurate wage statement on each payday or with an accurate wage notice at the time of his hire, in violation of the NYLL.  Defendants paid and treated all of their non-managerial salespeople in the same manner.  Accordingly, Plaintiff brought this lawsuit against Defendants pursuant to the collective action provisions 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.  Plaintiff also 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, who opts-in to 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.