Chavez v. Tribesmen Group, Inc., and Endy Lally, individually, Civil Case No.:21-cv-1981

New Action filed in the Eastern District of New York

Chavez v. Tribesmen Group, Inc., and Endy Lally, individually, Civil Case No.:21-cv-1981

On April 13, 2021, Plaintiff Chavez filed a lawsuit in the Eastern District of New York against TRIBESMEN GROUP, INC. (“Tribesmen”), and ENDY LALLY, individually (“Lally,” 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 corporation that operates a Brooklyn-based construction company specializing in carpentry and its owner and day-to-day overseer – – as a carpenter from on or around November 1, 2015 until October 22, 2020.  As described below, throughout the entirety of Plaintiff’s employment, 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, Defendants required Plaintiff to work, and Plaintiff did in fact work, in excess of forty hours virtually each week, yet Defendants failed to compensate Plaintiff at the rate of one and one-half times his regular rate for any hours that he worked in excess of forty in a week.  Instead, Defendants paid Plaintiff on an hourly basis at his regular rate of pay for all hours of work, including those hours he worked in a week in excess of forty.  Furthermore, Defendants violated the NYLL by failing to: pay Plaintiff, a manual laborer, all his wages owed on at least as frequently as a weekly basis; provide Plaintiff with any wage statement on each payday from November 1, 5015 through September 30, 2018, or an accurate wage statement on each payday from October 1, 2018 through October 22, 2020; and provide Plaintiff with any wage notice upon hire.

Defendants paid and treated all of their non-managerial carpenters in the same manner.  Accordingly, Plaintiff brought this lawsuit against Defendants pursuant to the collective action provision 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 Defendant’s violations of the FLSA.  Additionally, Plaintiff brought his claims under the NYLL and the N.Y. Comp. Codes R. & Regs. (“NYCRR”) on behalf of himself, individually, and on behalf of any FLSA Plaintiff, as that term is defined below, that opts-into 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.