Jimenez v. SRC Collision, Inc., d/b/a/ CMB Collision, and Nicholas Caspare, individually, Civil Case No.: 20-cv-8946

New Action filed in the Southern District of New York

Jimenez v. SRC Collision, Inc., d/b/a/ CMB Collision, and Nicholas Caspare, individually, Civil Case No.: 20-cv-8946

On October 26, 2020, Plaintiff Jimenez filed a lawsuit in the United States District Court Southern District of New York against SRC COLLISION, INC., d/b/a CMB COLLISION (“CMB”), and and NICHOLS CASPARE, individually “Caspare”), (together, 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 worked for Defendants – – a New York corporation that provides auto body repair services in the Bronx, and its owner and Chief Executive Officer (“CEO”) who oversees the business on a day-to-day basis – – as a painter from March 2008 through May 17, 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, plus an additional 216 days pursuant to New York Executive Order No. 202.8 and any extensions thereof through and including New York Executive Order No. 202.67 through the end of Plaintiff’s employment (“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, during The Relevant Period, Defendants required Plaintiff to work, and Plaintiff did work, approximately fifty-eight and one-half hours each week, yet Defendants failed to pay Plaintiff overtime compensation at the statutorily-required rated of one and one-half times his regular rate of pay, or one and one-half times the minimum wage, if greater, for any hours that Plaintiff worked over forty in a week.  Instead, Defendants paid Plaintiff a fixed rate of $100.00 per day regardless of the total hours that Plaintiff worked in a day or week, and Defendants therefore did not pay Plaintiff overtime premiums for the hours that he worked over forty in a week, in violation of the overtime provisions of the FLSA and the NYLL.

Defendants further violated the NYLL and the N.Y. Comp. Codes R. & Regs. (“NYCRR”) throughout the relevant period by failing to: compensate Plaintiff at least at the statutorily-required minimum wage rate for all hours that Plaintiff worked each week; pay Plaintiff spread-of-hours compensation of one hour’s pay at the minimum wage rate for all days when his workday exceeded ten hours from beginning to end; and provide Plaintiff with any wage statements on each payday, let alone accurate ones.

Defendants paid and treated all their non-managerial painters in the same manner.  Accordingly, Plaintiff brought this lawsuit against Defendants pursuant to the collective action provisions of the FLSA, 29 U.S.C. § 216(b), on behalf of himself, individually, and on behalf of all other persons similarly-situated during the applicable FLSA limitations period who suffered damages as a result of Defendants violations of the FLSA.  Plaintiff also brought this lawsuit under the New York law on behalf of himself, and on behalf of any FLSA Plaintiff, who opts-in to this action.

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.