Two plaintiffs claim they did not receive all the wages they were due for drywall work in Maryland. The complaint holds Capitol Drywall, Inc., East Coast Developers, LLC, and East Coast’s owner, Gabriel Montecinos responsible for the missing payments. They are pursuing a collective action under the Fair Labor Standards Act (FLSA) as well as Washington, DC labor laws.
The collective group for this action is all employees similarly situated, employed by Capitol Drywall, East Coast Developers, and/or Gabriel Montecinos as non-exempt, hourly-paid or salaried employees, between November 1, 2015 and the final disposition of this action.
Capitol Drywall is a drywall contractor in the Washington, DC area. The complaint says it provides drywall installations, interior and structural metal stud framing, thermal and acoustical insulation, and general carpentry for construction projects.
According to the complaint Capitol Drywall uses staffing companies, also known as labor brokers, to find workers for its construction projects. East Coast Developers is purportedly a drywall company but appears actually to be a staffing company. It provided workers for Capitol Drywall’s work on a luxury apartment on M Street in Washington, DC.
Two of those workers were Tomas Alvarez and Erika Aquino, the plaintiffs in this case. They were ultimately overseen by Montecinos and a man named Raul from Capitol Drywall. Montecinos decided that each should earn $19 an hour.
Alvarez worked from March 2 to March 17, 2017. On March 2, he worked eight hours on the M Street project. The following day, the complaint says, he was sent to another worksite in Virginia where he was not given any work. However, on March 6, he returned to the M Street site and says he worked eight hours each business day through March 17. He claims that he worked 88 unpaid hours during this time, for which he is owed $1,672.
Aquino began work on the M Street project on March 6, 2017. She says she worked there each business day through March 17 for eight hours a day, for a total of 80 hours, for which she should have been paid $1,520. However, she says that she was paid for only 40 hours of work, or only $760.
The complaint claims that the defendants have violated the FLSA’s minimum wage requirements, as well as the DC Minimum Wage Act Revision’s minimum wage requirements and the DC Wage Payment and Collection Law against unpaid wages.