Landaverde v. DVA Contracting Corp. d/b/a DISANO Construction Co., and DNO Equipment and Development Inc. d/b/a DISANO Construction Co., and Pietro Oppedisano, individually, Civil Case No.: 20-cv-00563

New Action filed in the Eastern District of New York

Landaverde v. DVA Contracting Corp. d/b/a DISANO Construction Co., and DNO Equipment and Development Inc. d/b/a DISANO Construction Co., and Pietro Oppedisano, individually,
Civil Case No.: 20-cv-00563 

On January 31, 2020, Plaintiff Landaverde, 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 DVA CONTRACTING CORP. d/b/a DISANO CONSTRUCTION CO. (“DVA Contracting”), and DNO EQUIPMENT AND DEVELOPMENT INC. d/b/a DISANO CONSTRUCTION CO. (“DNO”), and PIETRO OPPEDISANO, individually, (all, together where appropriate, as “Defendants”), alleging as follows:

Plaintiff worked for Defendants – – two corporations, which along which along with a recently-dissolved corporation, operate and operated as a single enterprise to run a Queens-based construction and demolition business and the entities’ owner and day-to-day overseer – – as a construction and demolition worker in and around New York City from approximately 2000 until October 7, 2019.  As described below, throughout his employment, but as is relevant herein, for the six-year period pre-dating the commencement of this action until Plaintiff’s employment with Defendants ended (“the Relevant Period”), Defendants willfully failed to pay Plaintiff the overtime wages lawfully due to him under the Fair Labor Standards Act (“FLSA”) and the New York Labor Law (“NYLL”).  Specifically, throughout the Relevant Period, Defendants required Plaintiff to work, and he did work, in excess of forty hours per week, or virtually each week, but Defendants failed to pay Plaintiff at the statutorily required overtime rate of at least one and one-half times his regular rate of pay for any hours that he worked in a week in excess of forty.  Instead, throughout the Relevant Period, Defendants paid Plaintiff a flat daily rate regardless of the total hours that Plaintiff worked in a day or in a week, and that did not include overtime premiums for hours that Plaintiff worked in a week over forty.  Additionally, during the Relevant Period, Defendants further violated the NYLL by failing to provide Plaintiff with accurate wage statements on each payday.

Defendants paid and treated all of its construction and demolition 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.  Plaintiff also brought this lawsuit as a class action pursuant to Federal Rule of Civil Procedure 23, on behalf of himself, individually, and on behalf of all other persons similarly-situated during the applicable NYLL limitations period who suffered damages as a result of Defendants violations of the NYLL and the supporting New York State Department of Labor regulations.

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.