Guaman et. al v. Energy Plus NY Corp d/b/a Energy Plus, and Energy Plus NY Inc d/b/a Energy Plus, and Moshe Lefkowitz, individually, and Abraham Lichtensstadter, individually Index No.:22-cv-7401

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

Guaman et. al v. Energy Plus NY Corp d/b/a Energy Plus, and Energy Plus NY Inc d/b/a Energy Plus, and Moshe Lefkowitz, individually, and Abraham Lichtensstadter, individually Index No.:22-cv-7401

 On December 6^th, 2022, Plaintiff Guaman, on behalf of himself, individually, and on behalf of all others similarly-situated, (collectively as “FSLA Plaintiffs,” and/or “Rule 23 Plaintiffs,” as that term is defined below), by and through his attorneys, BORRELLI & ASSOCIATES, P.L.L.C., as and for his Complaint against ENERGY PLUS NY CORP d/b/a ENERGY PLUS, (“NY CORP”), and ENERGY PLUS NY INC d/b/a ENERGY PLUS (“NY INC”), and MOSHE LEFKOWITZ, individually, and ABRAHAM LICHTENSTADTER, individually, (collectively, where appropriate, as “Defendants”), alleges 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 New York corporations that operate as a single enterprise to run two Brooklyn-based insulation contracting companies and the enterprise’s two owners and day-to-day overseer – – as an insulator from April 6, 2021, until December 21, 2021. 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, throughout the entirety of Plaintiff’s employment, Defendants routinely required Plaintiff to work, and Plaintiff did work, in excess of forty hours in a workweek, but Defendants failed to pay Plaintiff at the statutorily-required overtime rate of one and one-half times his regular rate for those hours, and instead paid Plaintiff on an hourly basis at his regular rate of pay for all hours worked. Additionally, Defendants violated the NYLL by failing to provide Plaintiff with any wage notice upon his hire, let alone an accurate one or with an accurate wage statement on each payday.

Mr. Guaman has commenced this action not only for himself but also for all his other current and/or former coworkers who were also paid improperly by the Defendants. Therefore, 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.