Egan and Tavolilla v. Safeway Construction Enterprises, LLC, et al. Case No.: 19-cv-02052(RJD)(PK)
On April 10, 2019, Mr. Egan and Mr. Tavolilla, on behalf of themselves, individually, and on behalf of all others similarly-situated, filed a class and collective action lawsuit in the United States District Court Eastern District of New York against SAFEWAY CONSTRUCTION ENTERPRISES, INC. (“Safeway”), and STEVE CESTARO, individually, and RAYMOND CESTARO, individually, (collectively, where appropriate, as “Defendants”), alleging deliberating violations of the Fair Labor Standards Act (“FLSA”) and the New York Labor Law (“NYLL”) and the New York Comp. Codes, Rules, and Regulations (“NYCCRR”), including the failure of Defendants to compensate Plaintiffs for overtime wages. The claims of the case are reviewed as follows:
Defendant violated and continue to violate Plaintiffs’ rights guaranteed to them by the overtime provisions of the FLSA, the NYLL and the NYCCRR. Additionally, Defendants violated the NYLL by failing to provide Plaintiffs with wage statements on each payday that accurately stated the hours that they worked each week.
In this case, pursuant to the request of the Plaintiff, the Judge reviewed claims that the Plaintiff brought forward alleging that there are additional workers in the same “class” (performing the same or similar duties) whose rights have been violated. On September 3, 2019, Plaintiffs’ motion for approval of a collection action was granted, allowing the case to proceed as a collective action enabling any current and former employees who were not paid properly to join the lawsuit and seek redress for Defendants’ failure to compensate them in accordance with the law.
If you or a person you know worked for the Defendants named in the lawsuit during the time period of April 9, 2013 – present or has information that may be relevant to this case, contact Borrelli & Associates, P.L.L.C. as soon as possible through one of our websites, www.employmentlawyernewyork.com, www.516abogado.com or any of our phone numbers: (516) 248-5550, (516) ABOGADO, and (212) 679-5000.
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