General Employment Law

Mena v. Phase 3 Interiors LLC, and Genci Sela, individually, and Marcello Saquipulla, individually; Index No.:1:26-cv-1547

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

On February 24, 2026, Plaintiff Mena, by and through his attorneys, Borrelli & Associates, P.L.L.C., filed a complaint in the United States District Court, Eastern District, against, Phase 3 Interiors LLC (“Phase 3”), and Genci Sela, individually, and Marcello Saquipulla, 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 matter, as follows:

Plaintiff worked for Defendants – – a New York limited liability company that operates a construction and carpentry business, its owner and general overseer, and its day-to-day manger – – as a carpenter, in Manhattan, from early-January 2022 through January 2025.  As described below, throughout his employment, Defendants willfully failed to pay Plaintiff the overtime wages lawfully due to him under the Fair Labor Standards Act and the New York Labor Law (“NYLL”).  Specifically, Defendants scheduled Plaintiff to work, and Plaintiff did work, forty-five hours and forty minutes each week. Yet in exchange, Defendants paid Plaintiff a flat weekly salary for his scheduled hours that did not include overtime premiums at the rate of one and one-half times his regular rate for his scheduled hours worked over forty in a week.  Moreover, Defendants frequently required Plaintiff to work. Moreover, Defendants frequently required Plaintiff to work unscheduled hours in addition to his regular schedule, and for those unscheduled hours, while Defendants paid Plaintiff at an hourly rate greater than his regular rate, that rate did not amount to what should have been his overtime rate.  Further, Defendants failed to provide Plaintiff with any wage notice at the time of his hire or with any wage statement on each payday, let alone an accurate notice of statement, in violation of Sections 195(1) and 195(3) of the NYLL, respectively.  Defendants paid and treated all of their non-managerial laborers 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.

Published by
Borrelli & Associates

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