On March 20, 2024, Plaintiff Batten, on behalf of himself, individually, and on behalf of all others similarly-situated, (collectively as “FLSA Plaintiffs” and/or “Rule 23 Plaintiffs”), by and through his attorneys, BORRELLI & ASSOCIATES, P.L.L.C., as and for his Complaint against CITI GENERAL HARDWARE, INC., and CITI PAINTS AND HARDWARE, INC., and BROOKLYN HARDWARE SUPPLY CO., INC., and MARK TOOLS AND HARDWARE, INC., and JAMAICA BUILDING SUPPLY INC. (together as “the Corporate Defendants”), and MUJAHIDAL ISLAM, individually, (collectively, with the Corporate Defendants, where appropriate, as “Defendants”), alleges upon knowledge as to himself and his own actions, and upon information and belief as to all other matter, as follows :
Plaintiff worked for Defendants – – five legally distinct New York entities that together operate as a single integrated enterprise to run at least seven hardware stores in Brooklyn, Manhattan, and Queens, and the enterprise’s owner and day-to-day overseer – – as a wholly intrastate truck driver from in or around January 2017 through May 22, 2023. As described below, throughout his employment, but as is relevant herein, for the six-year period pre-dating the commencement of this action, plus an additional 228 days pursuant to former Governor Andrew M. Cuomo’s executive tolling orders, until the end of his employment (“the Relevant Period”), Defendants willfully failed to pay Plaintiff the overtime wages lawfully due to him under the Fair Standards Labor Act (“FLSA”) and the New York Labor Law (“NYLL”) . Specifically, throughout the Relevant Period, Defendants required Plaintiff to work, and Plaintiff did work, in excess of forty hours each workweek, or virtually each week, yet in exchange, Defendants paid Plaintiff a flat weekly salary regardless of how many hours that Plaintiff worked in a week, which did not include overtime premiums for those hours that Plaintiff worked in a week in excess of forty. Additionally, during Plaintiff’s employment in 2019 and 2020, the flat weekly salary that Defendants paid Plaintiff, when divided by the number of hours that Plaintiff worked in a week, fell below the minimum the wage rate that the NYLL requires per hour of work. Moreover, during Plaintiff’s employment in 2019 and 2020, for those days when his shifts exceeded ten hours from beginning to end, which was almost every workday, Defendants did not compensate Plaintiff with an additional one hour’s pay at the minimum wage rate, in violation of the spread of hours provisions of the NYLL and the NYCRR. Lastly, Defendants violated the NYLL by failing to furnish Plaintiff with any wage statement on each payday, let alone an accurate wage statement. Defendants have paid and treated all of their non-managerial employees, including truck drivers, warehouse workers, cashiers, and receptionist, in the same manner.
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.
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