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General Workforce Unpaid or Improperly Paid Overtime FLSA, NYLL Class Action

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The Fair Labor Standards Act (FLSA) was designed to protect workers from exploitation and abuse by employers. Plenty of employers, particularly at the lower end of the pay scale, are willing to try to force their workers to do unpaid labor (or improperly paid labor). The complaint for this class action alleges that General Workforce did not pay its workers proper overtime or, in some cases, any overtime at all. 

Three classes are defined within the complaint.

  • The FLSA Class for this action is all current and former employees of General Workforce who were employed by General Workforce in the state of New York, (1) worked more than forty hours a week, during the time since November 23, 2015, and were not paid at an overtime rate of at least one and a half times their regular rate for all hours worked in excess of forty. 
  • An NYLL Class has also been proposed, with a class period that begins November 23, 2012.
  • Another NYLL Class has also been defined, of workers who were not provided with the notices and statements required by the NYLL.

General Workforce, which is legally named Automobile Workforce, LLC, sends manual workers to perform general labor at various companies. It has several locations and over 100 employees.

One such employee was plaintiff Shankar Naraine, between April and November 2018. He performed various kinds of manual labor such as stocking and packing. The company paid him $13 per hour. 

Naraine says he worked fifty-nine hours per week, and sometimes more, six days out of the week. All the hours were paid at the same $13 an hour rate, he claims. He also spent twenty to twenty-five hours per week transporting other employees of the company, and for this duty he says he was not paid at all. 

Under New York’s Labor Law (NYLL), the company is required to provide employees with statements, but the statements Naraine was given do not show all the hours he worked and it did not state his overtime rate of pay. According to the complaint, the company also did not display the minimum wage and overtime posters required by federal and state law.

The complaint brings suit under both the FLSA and the NYLL. It asks the court to award Naraine and similarly-situated class members their unpaid overtime wages, plus damages, attorneys’ fees, and the costs of this action. 

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