Garcia v. Big Apple Remodeling Corp. and Velocity Framers USA Inc., Civil Case No.:21-cv-1852

New Action filed in the Eastern District of New York

Garcia v. Big Apple Remodeling Corp. and Velocity Framers USA Inc., Civil Case No.:21-cv-1852

On April 6, 2021, Plaintiff Garcia filed a lawsuit in the Eastern District of New York against BIG APPLE REMODELING CORP. (“Big Apple”), and VELOCITY FRAMERS USA INC. (“Velocity,” together, where appropriate, as “Defendants”), alleging upon knowledge as to himself and his own actions and upon information and belief as to all other matters, as follows:

Plaintiff worked for Defendants – – two New York corporations that together, and potentially along with other distinct entities to be uncovered through discovery, operate as a single enterprise that provides various construction services throughout New York City – – as a non-managerial laborer, primarily in Brooklyn, from in or around January 2019 through July 13, 2020. As described below, throughout Plaintiff’s employment, Defendants willfully failed to pay Plaintiff the overtime wages lawfully due to him under the Fair Labor Standards Act (“FLSA”) and the New York Labor Law (“NYLL”). Specifically, Defendants required Plaintiff to work, and Plaintiff did work, approximately fifty-eight and one-half hours per week, yet Defendants paid Plaintiff a flat daily rate for each day worked regardless of how many hours he worked per day or per week, and thus failed to compensate Plaintiff at the statutorily-required overtime rate of one and one-half times his regular rate of pay, or one and one-half times the minimum wage, if greater, for any hours that he worked over forty in a week. Defendants further violated the NYLL and the N.Y. Comp. Codes. R. & Regs. (“NYCRR”) by failing to: pay Plaintiff at least the minimum wage rate for all hours worked; pay Plaintiff spread-of-hours compensation of one hour’s pay at minimum wage for all days when his workday exceeded ten hours from beginning to end; and provide Plaintiff with any wage statement of each payday or with any wage notice at the time of hire, let alone accurate ones.

Defendants paid and treated all of their non-managerial laborers in the same manner. Accordingly, Plaintiff brought this lawsuit against Defendants pursuant to the collective action provision of the FLSA, 29 U.S.C. § 216(b), on behalf of himself, individually, and on behalf of all other persons similarly-situated during the applicable FLSA limitations period who suffered damages as a result of Defendant’s violations of the FLSA. Plaintiff brought his claims under the NYLL on behalf of himself, individually, and on behalf of any FLSA Plaintiff, as that term is defined below, that opts-into this action. Additionally, Plaintiff also brought this lawsuit as a class action pursuant to Federal Rule of Civil Procedure (“FRCP”) 23, on behalf of himself, individually, and on behalf of all other persons similarly-situated during the applicable NYLL limitations period who suffered damages as a result of Defendant’s violations of the NYLL and the supporting New York State Department of Labor regulations.

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.