This class action is another set of allegations in the familiar story of companies not keeping proper records and not properly paying employees. In this case, the companies are builders, An Ju Home, Inc., Structure Enterprise, Inc., and Trinity Builders, Inc. Also named as defendants are five individuals who are “bosses” or in other positions of power at the three companies. At issue are the Fair Labor Standards Act (FLSA) and New York Labor Law (NYLL).
There is a collective class and a class for the lawsuit, for the allegations under the different laws.
The seven plaintiffs in this case worked for the companies as construction workers, at sites at 111 East 24thStreet and 101 West End Avenue in New York City.
Three of the plaintiffs, Yongfu Yang, Deliang Fu, and Xiaojiang Zuo, worked an average of fifty-one hours per week, had fifteen to twenty minutes per day to eat lunch, were not given the “spread of hours” premium when they worked longer than ten hours per day and were promised a flat rate of $160 per day for their work.
Hechao Chen, Aixiang Liu, and Shushan Hang worked under the same conditions but were promised $150, $180, and $200 per day, respectively; Kezheng Zuo worked under the same conditions but for only 48 hours per week and was promised $140 per day.
According to the complaint, none of the plaintiffs received accurate Chinese-language wage statements each week containing the information required by law; none was paid overtime for hours worked over forty each week; and, worst of all, none was paid the full amount he was owed even under these improper conditions. They claim to be owed varying amounts between $1,680 and $6,800.
The counts enumerated in the complaint include unpaid wages, failure to pay overtime, failure to pay spread of time pay, failure to provide meal periods, failure to keep records, failure to provide a time of hire wage notice, and failure to provide wage statements.