Pimentel v. Barone Steel, Inc..; Civil Case No.: 19-cv-07280

New Action filed in the Eastern District of New York

Pimentel v. Barone Steel, Inc..; Civil Case No.: 19-cv-07280 

On December 30, 2019, Plaintiff Pimentel, on behalf of himself, individually, and on behalf of all others similarly-situated, filed a lawsuit in the United States District Court Eastern District of New York against BARONE STEEL, INC. (“Defendant”), alleging as follows:

Plaintiff worked for Defendant – – a Brooklyn-based construction and steel fabrication company – – from on or about March 8, 2018 until on or about August 3, 2019, first as a helper assisting Defendant’s iron workers while learning that position and then as an iron worker.  As described below, throughout the entirety of his employment, Defendant failed to pay Plaintiff all of the wages lawfully due to him under the Fair Labor Standards Act (“FLSA”) and the New York Labor Law (“NYLL”).  Specifically, in both positions, Defendant required Plaintiff to routinely work, and Plaintiff did work, in excess of forty hours each week, but Defendant failed to compensate Plaintiff at the rate of one and one-half times his regular rate of pay for any hours that Plaintiff worked in excess of forty in a week. Instead, as reflected on his paystubs, and to the best of Plaintiff’s recollection, the wage notice with which Defendant provided him at hire, Defendant paid Plaintiff at an hourly rate for only his first forty hours of work each week, and thus Defendant failed to compensate Plaintiff at any rate of pay for the hours that he worked in excess of forty each week, let alone at the statutorily-required overtime rate of one and one-half times his regular hourly rate of pay for any hours that Plaintiff worked in excess of forty in a week, in violation of the FLSA and the NYLL.  Furthermore, Defendant failed to provide Plaintiff with accurate wage statements on each payday as the NYLL requires.

Defendants paid and treated all of its helpers and iron workers in the same manner.  Accordingly, Plaintiff brought this lawsuit against Defendant pursuant to the collective action provisions of the FLSA, on behalf of himself and on behalf of all others similarly-situated who suffered damages because of Defendant’s willful violations of the 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, www.employmentlawyernewyork.com or www.516abogado.com, or any of our phone numbers: (516) 248–5550, (516) ABOGADO, or (212) 679–5000.