New Wage and Hour Class and Collective Action filed in the United States District Court Eastern District of New York

Ortiz v. AMB Mechanical, Inc, and Aaron Mathis Brach, individually; Civil Case No.:24-cv-1328

 On February 22, 2024, Plaintiff Ortiz, on behalf of himself, individually, and on behalf of all others similarly-situated, (collectively as “FLSA Plaintiffs” ) by and through his attorneys, BORRELLI & ASSOCIATES, P.L.L.C., as and for his Complaint against AMB MECHANICAL, INC. (“AMB”) and AARON MATHIS BRACH, individually (“Brach”), (together, where appropriate, as “Defendants”), alleges 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 Brooklyn-based New York corporation that operates a plumbing service company throughout New York City and its owner and day-to-day overseer – – as a plumber from February 2007 to the present.  As described below, throughout his employment, but as is relevant herein, for 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, (“the Relevant Period”), Defendants willfully failed to pay Plaintiff the overtime wages lawfully due to him under the Fair Standards Labor Act (“FLSA”) and the New York Labor Law (“NYLL”).  Specifically, throughout 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 weekly salary regardless of how many hours that Plaintiff worked in a week, which did not include overtime premiums for those hours that Plaintiff worked in a week in excess of forty.  Additionally, Defendants have also violated the NYLL by failing to furnish Plaintiff with and wage statement on each payday, let alone an accurate wage statement. Defendants have paid and treated all of their non-managerial employees 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.