On May 26th, 2023, Plaintiff Castro, on behalf of himself, individually, and on behalf of all others similarly-situated, by and through his attorneys, BORRELLI & ASSOCIATES, P.L.L.C., as and for his Complaint against ET PROPERTY MANAGEMENT, INC. (“ET Property Management”), and ET GENERAL CONSTRUCTION, INC. (“ET General Construction”), and ETBK REAL ESTATE CORP. (“ETBK”) (collectively, with “Corporate Defendants”), and EDWARD TORRES, individually, (collectively, with Corporate Defendants, 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 – – three New York corporations that operate as a single enterprise to run a Kings County-based company that leases, manages, and renovates residential buildings, and the enterprise’s owner and day-to-day overseer – – as a handyman and helper from in or around early-July 2017 through in or around March 2020, and then again from in or around June 2020 through on or about December 17, 2020. Throughout Plaintiff’s employment, Defendants required Plaintiff to work, and Plaintiff did work, in excess of forty hour per week, both according to his regular schedule and during unscheduled hours responding to emergencies, yet in exchange, Defendants paid Plaintiff a flat daily rate that did not change based on how many total hours Plaintiff worked in a day or in a week and that did not include overtime premiums for the hours that Plaintiff worked in a week of forty. Defendants violated the Fair Labor Standards Act (“FLSA”) and the New York Labor Law (“NYLL”) by failing to pay Plaintiff any wages whatsoever for his last three weeks of work, and thus Defendants did not pay him at least at the statutorily-prescribed minimum wage rate for any hours of work during those week. Additionally, Defendants further violated the NYLL by failing to pay Plaintiff, a manual worker, all of his earned wages on at least as frequently as a weekly basis, by frequently not paying him on time, and by not paying him at all for his last three weeks of work, and with respect to his last week of work, by not paying him by the regularly-scheduled payday after his employment ended. Furthermore, Defendants violated the NYLL by failing to provide Plaintiff with any wage notice upon his hire, let alone an accurate one, or with any wage statement on each payday, let alone an accurate statement.
Mr. Castro 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.
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