Angerosa v. Moving Right Along Service, Inc. and Jim Rueda, individually Case No.: 18-cv-04810

New Class and Collective Action filed in the Eastern District of New York
Angerosa v. Moving Right Along Service, Inc. and Jim Rueda, individually Case No.: 18-cv-04810

On August 23, 2018, Plaintiff Angerosa, on behalf of himself, individually, and, on behalf of all others similarly-situated, filed a class and collective action lawsuit against MOVING RIGHT ALONG SERVICE, INC. (“MRA”), and JIM RUEDA, individually, (together, where appropriate, as “Defendants”). The complaint alleges as follows:

Mr. Angerosa worked for Defendants – a Queens-based moving company, which moves household furnishing and personal property for customers throughout New York to and from various states such as New Jersey, Connecticut, and Pennsylvania, and provides junk removal and bed bug removal services in New York – and its owner, who was Plaintiff’s and all other MRA employees direct supervisor during Plaintiff’s employment with Defendants. Plaintiff worked as a driver from 1983 until March 2018. While working as a driver, his primary duties were: packaging, loading, and moving household furniture and belongings for Defendant MRA’s customers. About twice per week, Plaintiff also went to customer’s homes to remove bed bugs, which involved moving and spraying down furniture with various solutions. Defendant required Mr. Angerosa to work Monday through Friday, starting his workday at 7:00 a.m. and working until 6:00 p.m., and on Saturday (at least twice per month), starting at 7:00 a.m. and working until 3:00 p.m. without permitting him to take a scheduled or uninterrupted break during his shift, for a total of fifty-five hours approximately each workweek. At all times throughout his employment, Defendants failed to pay Plaintiff at the rate of one-half times his respective hourly rate of pay for any hours that Plaintiff worked each week over forty. Thus, Defendants violated Plaintiff’s rights guaranteed to him by the overtime provisions of the Fair Labor Standards Act (“FLSA”), the New York Comp. Codes, Rules, and Regulations, and the New York Labor Law (“NYLL”). In further violation of the NYLL, Defendants also failed to provide Plaintiff with proper wage statements on each payday and with any wage notice at the time of Plaintiff’s hire, let alone accurate ones.

Plaintiff seeks to bring this suit against Defendants to recover unpaid overtime compensation and liquidated damages pursuant to the applicable provisions of the FLSA, individually, on his own behalf, and as well as on behalf of those who worked in other similar positions.

If any individual is or has previously been an employee for 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.