Pena et al. v. Big Mack Painting Corp., et al. Docket No: 21-cv-4508

Firm Secures Judgment in the amount of $250,000.00 – Wage & Hour Violations – Firm represented a collective group of former employees against Big Mack Painting Corp., and OV Painting and Supply, Inc., and Bruce Polk, individually, and Dennis Carollo, individually, for unpaid overtime wages in violation of the Fair Labor Standards Act and the New York Labor Law.  Prior post upon action commencement located here: https://www.employmentlawyernewyork.com/news/latest/case-no-19-cv-00265.html.    Generally, the Plaintiffs contended that the Company subjected them to work more than forty hours in a workweek, however, Defendants paid Plaintiffs a flat rate for each day worked regardless of how many hours they’ve worked per day or per week, and thus failed to compensate Plaintiff at the statutorily-required overtime rate for any hours that they’ve worked per week in excess of forty.  Additionally, when Defendants made Plaintiffs an hourly employee, Defendants continued to require Plaintiffs to work more than forty hours per week but paid them at their regular rate of pay for all hours worked, including those in excess of forty.  Furthermore, also in violation of the NYLL, Defendants failed to provide Plaintiff with accurate wage statements on each payday throughout their employment or with any wage notice at the time of their hire, let alone an accurate one.  After engaging in mediation, and a notice of acceptance of a Rule 68 Offer of Judgment having been filed having offered to allow entry of judgment to be taken against Defendant and in favor of Plaintiffs, the case concluded in a judgment in the amount of $250,000.00.  Andrew C. Weiss handled the matter on behalf of the firm.