Mero v. American Ice Products II, Inc., d/b/a American Party Ice, and American Party Ice Inc. d/b/a American Party Ice, and Rafael Tineo, individually, and Jerry Tineo, individually, Civil Case No.:21-cv-01684

New Action filed in the Eastern District of New York

On March 29, 2021, Plaintiff Mero filed a lawsuit in the Eastern District of New York against AMERICAN ICE PRODUCTS II, INC. and AMERICAN PARTY ICE INC., both of which do business as AMERICAN PARTY ICE (both, together where appropriate as “American Party Ice”), as well as against RAFAEL TINEO, individually (“Rafael”), and JERRY TINEO, individually (“Jerry”, together with American Party Ice 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 – – two corporations that operate as a single enterprise to run a Brooklyn-based ice wholesale business, as well as the entities’ Chief Executive Office and day-to-day manager, both of whom served as Plaintiff’s direct supervisors – – as a helper from approximately 2010 until June 8, 2020. As described below, throughout his employment, but as is relevant herein, for the six-year period pre-dating the commencement of this action, plus any applicable tolling period pursuant to Governor Andrew M. Cuomo’s Executive Orders, until Plaintiff’s employment with Defendants ended (“the Relevant Period”), Defendants willfully failed to pay Plaintiff the overtime and minimum 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 Plaintiff 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, or one and one-half times the minimum wage, if greater, for any hours that he worked in excess of forty in a week, and failed to pay Plaintiff at least at the statutorily-required minimum wage rate for all hours worked. 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, which did not include overtime premiums for hours that Plaintiff worked in a week over forty, and that computed to at an effective rate that fell below the statutorily-required minimum wage rate for all hours worked, in violation of the FLSA, the NYLL and the N.Y. Comp. Codes. R. & Regs. (“NYCRR”). Additionally, throughout the Relevant Period, Defendants further violated the NYLL by failing to: 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 statement on each payday, let alone an accurate one.

Defendants paid and treated all of their helpers and drivers 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. Plaintiff brought his claims under the NYLL 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.