ABC Corporation does business in the Bronx as A&G Gates & Rolling Doors. The complaint for this collective action contends that A&G, like too many companies, failed to pay its workers proper overtime pay, thus violating the Fair Labor Standards Act (FLSA) and New York Labor Law (NYLL). Also, the complaint claims that when an employee pressed for his rights, the company retaliated by firing him.
This collective action is brought on behalf of all other and former employees
Plaintiff Cesar Abreu Marmolejos was an ironworker with A&G from about March 1, 2018 to September 28, 2018. His weekly schedule at the company’s location in the Bronx included about fifty hours of work, spread out over six days per week.
For his first week of work, he was paid $700. Then he was asked to bring in his work permit and social security number so that the company could properly process his pay and deduct taxes from it. After that, he was paid $450 per week in cash.
Marmolejos asked for a pay stub with the details of his pay, the complaint says, because a deduction of $250 in taxes seemed too high to him. He also asked about the overtime pay he should have been getting, since he regularly worked fifty hours per week. The company did not provide any pay stubs or accounting about his paycheck, and it continued not to pay him overtime.
Although Marmolejos continued to work for a number of months, the complaint says, he also continued to ask for pay stubs and overtime pay. However, the complaint says that the company owner “became agitated by Plaintiff’s requests” and fired him. The complaint claims that this is retaliation for his attempt to gain his rights under the law.
Marmolejos also complains that he was not given a wage notice when he was hired, that no system was used to keep track of his hours, that no full and accurate records of his hours were kept. The complaint claims that the company’s policy of not paying employees overtime was a knowing and willful violation of labor laws.
The complaint claims that the company violated both state and federal labor laws.