Sosa v. Triboro Water Main and Sewer Corp., and Michael Passalacqua, individually, Civil Case No.: 20-cv-04084

New Action filed in the Eastern District of New York

Sosa v. Triboro Water Main and Sewer Corp., and Michael Passalacqua, individually,
Civil Case No.: 20-cv-04084 

On September 1, 2020, Plaintiff Sosa, 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 TRIBORO WATER MAIN AND SEWER CORP. (“Triboro”), and MICHAEL PASSALACQUA, individually (“Passalacqua”), (together, where appropriate, as “Defendants”), alleging as follows:

Plaintiff worked for Defendants – – a New York corporation that provides sewer and plumbing services throughout New York City and on Long Island, and its owner and Chief Executive Officer who oversaw the business on a daily basis – – as a plumber from June 2005 through May 2, 2020.  As described below, throughout the entirety of Plaintiff’s employment, but as is relevant herein, for at least the six-year period pre-dating the commencement of this action (“the relevant period”), Defendants willfully failed to pay Plaintiff the wages lawfully due to him under the Fair Labor Standards Act (“FLSA”) and the New York Labor Law (“NYLL”).  Specifically, during the relevant period, Defendants required Plaintiff to work, and Plaintiff did work, either five or six days per week for an average of approximately fifty-seven hours per week, yet Defendants failed to pay Plaintiff overtime compensation at the statutorily-required overtime rate of one and one-half times his regular rate of pay for all hours that Plaintiff worked in a week in excess of forty.  Instead, depending on if it was a week when Plaintiff worked five or six days, Defendants either paid Plaintiff nothing for his hours worked over forty in a week, or they paid Plaintiff at his straight-time rate for either the first ten or first twelve hours that he worked beyond forty in a week, and nothing for any hours worked in excess of that, all in violation of the overtime provisions of the FLSA and the NYLL.

Defendants paid and treated all of their plumbers 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 (“FRCP”) 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.