Richards v. Empire Scaffolding Systems, Inc., and Demari Installations Corp., and Antonios Mamounas, individually, Civil Case No.:21-cv-6638

New Action filed in the Southern District of New York

Richards v. Empire Scaffolding Systems, Inc., and Demari Installations Corp., and Antonios Mamounas, individually, Civil Case No.:21-cv-6638

On August 5, 2021, Plaintiff Richards filed a lawsuit in the Southern District of New York against EMPIRE SCAFFOLDING SYSTEMS, INC. (“Empire Scaffolding”), and DEMARI INSTALATIONS CORP. (“Demari”), and ANTONIOS MAMOUNAS, individually (“Mamounas”), (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 – – two corporations that operate as a single enterprise that provides scaffolding services throughout New York City and its surrounding areas and the enterprise’s owner and day-to-day overseer- – – as a laborer from 2005 until March 2019. As described below, throughout the entirety of Plaintiff’s employment, but as is relevant herein, for at least the six-year period pre-dating the commencement of this action, plus an additional 216 days pursuant to Governor Andrew M. Cuomo’s tolling orders, through the end of Plaintiff’s employment (“the Relevant Period”), Defendants willfully failed to pay Plaintiff overtime wages lawfully due to him under the Fair Labor Standards Act (“FLSA”), the New York Labor Law (“NYLL”) and the N.Y Comp. Codes R. & Regs. (“NYCCR”). Specifically, Defendants required Plaintiff to work, and Plaintiff did routinely work, more than forty hours in a workweek, but Defendant failed to compensate him at the statutorily required overtime rate of one and one-half times his regular rate of pay for all hours that he worked per week in excess of forty. Instead, Defendants paid Plaintiff on an hourly basis at his regular rate of pay for all hours of work, including those he worked in a week in excess of forty. Furthermore, Defendants violated the NYLL by failing to: pay Plaintiff, a manual laborer, all of his wages owed at least as frequently as on a weekly basis, paying him biweekly instead; and provide Plaintiff with an accurate wage statement on each payday. Defendants paid and treated all of their non-managerial 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. Plaintiffs also brought his claims under the NYLL and the NYCRR on behalf of himself, individually, and on behalf of any FLSA Plaintiff, as that term is defined below, who opt-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.