De Los Santos Perez v. Kaotic Auto Parts & Motorcycle Repair Corp., and Michael Deluca, individually, and Kevin Ross, individually, and Anthony White, JR., individually; Index No.:25-cv-5899

New Action filed in the United States District Court Eastern District of New York

On October 22, 2025, Plaintiff De Los Santos Perez, by and through his attorneys, Borrelli & Associates, P.L.L.C., filed a complaint in the United States District Court, Eastern District, against, Kaotic Auto Parts & Motorcycle Repair Corp. (“Kaotic Auto Parts”), and Michael Deluca, individually, and Kevin Ross, individually, and Anthony White, JR., individually, (collectively, where appropriate, as “Defendants”) alleged upon knowledge as to himself and his own actions, and upon information and belief as to all other matter, as follows:

Plaintiff worked for Defendants – – a New York corporation that operates an auto-body shop in Brooklyn, New York, and its owners and day-to-day overseers – – as a mechanic from September 25, 2018, until March 3, 2025.   As described below, throughout his employment, but as is relevant herein, for at least the six-year period pre-dating the commencement of this action, plus an additional 228 days pursuant to former Governor Andrew M. Cuomo’s executive tolling orders, and continuing until the end of his employment (“the Relevant Period”), Defendants required Plaintiff to work, and Plaintiff did work, in excess of forty hours each workweek, or virtually each week.  Yet in exchange, Defendants paid Plaintiff a flat daily rate that did not change regardless of how many hours he worked in a day or in a week, and which, from the beginning of the Relevant Period until January 26, 2020, fell below the minimum wage rate the New York law requires per hour of work.  Thus, Defendants did not pay Plaintiff at the rate of one and one-half times his regular rate of pay, or one and one-half times the minimum wage rate, if greater, for the hours that he worked over forty in a week, in violation of the Fair Labor Standards Act and the New York Labor Law (“NYLL”) overtime provisions, or at least the minimum wage rate per hour worked, in violation of the NYLL’s minimum wage provisions.  Moreover, Defendants made unlawful deductions from Plaintiff’s wages for damage allegedly caused to Defendants’ tools and customers vehicles, in violation of the NYLL.  Defendants further violated the NYLL by failing to furnish Plaintiff with any wage statement on each payday, let alone an accurate one.  Defendants paid and treated all their non-managerial mechanics in the same manner.

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.