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Padilla Tonato v. Inwood Property Development LLC, and Isaiah Moultrie, individually.; Index No.:1:26-cv-01047

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

On February 23, 2026, Plaintiff Padilla Tonato, by and through his attorneys, Borrelli & Associates, P.L.L.C., filed a complaint in the United States District Court, Eastern District, against Inwood Property Development LLC (“Inwood”), Isaiah Moultrie, individually, (together, 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 business in Queens, New York, as well as the entity’s owner and day-to-day overseer – – as a non-managerial laborer from on or around February 15, 2025, to August 18, 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 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 that did not include overtime premiums for the hours that Plaintiff worked in a week in excess of forty.  Additionally, on several occasions, Defendants failed to pay Plaintiff all of his earned wages in a timely manner by, for the latter portion of his employment, paying him on a bi-weekly basis, and for the last eight weeks of his employment, paying him later than his regularly-scheduled payday and only paying him a portion of his earned wages in doing so, in violation of Sections 191(1)(a) and 193 of the NYLL, respectively.  Finally, 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 or statement, in violation of Sections 195(1) and 195(3) of the NYLL.  Defendants have 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.

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