Delyons v. KA Investigations-Security, LLC and Kelvin Alexander, individually, Civil Case No.: 20-cv-01763

New Action filed in the Eastern District of New York

Delyons v. KA Investigations-Security, LLC and Kelvin Alexander, individually,  Civil Case No.: 20-cv-01763

On April 10, 2020, Plaintiff Delyons filed a lawsuit in the United States District Court Eastern District of New York against KA INVESTIGATIONS-SECURITY, LLC, and KELVIN ALEXANDER, individually, (collectively, 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 Delyons worked for Defendants – – a Staten Island-based security and private investigations company, and its President / owner and daily overseer – – as an on-site security guard and property supervisor at a construction site in Coney Island, New York, from November 12, 2018 until March 8, 2019. Throughout Plaintiff’s employment, Defendants willfully failed to pay Plaintiff the overtime wages lawfully due to him under the Fair Labor Standards Act (“FLSA”), the New York Labor Law (“NYLL”), and the New York Codes, Rules and Regulations (“NYCRR”). Specifically, Defendants required Plaintiff to routinely work, and Plaintiff did work, in excess of forty hours in a workweek, yet Defendants failed to compensate Plaintiff at the statutorily-required overtime rate of one and one-half times his regular rate of pay for any hours that he worked in a week in excess of forty. Instead, Defendants paid Plaintiff, on an hourly basis, at his straight-time rate of pay for all hours that he worked each week up to forty, and on occasion paid Plaintiff at his straight-time rate for some of the hours that he worked in a week in excess of forty, thereby violating the overtime requirements of the FLSA, the NYLL, and the NYCRR. Defendants required Plaintiff to work, and Plaintiff did work, six-to-seven days per week, from either 2:00 p.m. until 10:00 p.m. or 10:00 p.m. until 6:00 a.m., Monday through Friday, and either 6:00 p.m. to 6:00 a.m. or 6:00 a.m. to 6:00 p.m. on Saturdays and/or Sundays, without receiving a scheduled or uninterrupted break during his shifts, for either fifty-two or sixty-four scheduled hours of work per week. In addition, Plaintiff also from time to time worked extra hours whenever necessary to cover shifts when the job site was short-staffed. Defendants also violated the NYLL and the NYCRR by failing to: pay Plaintiff one hour’s pay at the minimum wage rate for each day when Plaintiff’s workday exceeded ten hours from start to finish; provide Plaintiff with any wage statements, much less accurate ones, on each payday; and provide Plaintiff with any wage notice, let alone an accurate one, upon hire. Making matters worse, Defendants discriminated against Plaintiff based on his status as the caregiver to his disabled mother by terminating his employment on March 8, 2019, in violation of the anti-caregiver discrimination prohibitions in the New York City Human Rights Law.

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 or by phone: (516) 248–5550, (516) ABOGADO, or (212) 679–5000.