Alvarado et. al. v. Juan de la Cruz, individually, d/b/a United Landscaping Pro Docket No.: 22-cv-6509
On August 1, 2022, Plaintiff Alvarado, on behalf of himself, individually, and on behalf of all others similarly-situated, filed a lawsuit in the United States District Court Southern District of New York against UNITED LANDSCAPING PRO. (“Defendant”), alleging upon knowledge as to themselves and their own actions, and upon information and belief as to all other matters, as follows:
Plaintiff worked for the Defendant – – an individual who owns and oversees a Westchester County-based landscaping and handyman services company that does business as United Landscaping Pro – – as an all-purpose manual laborer from in and around February 2019 through December 6, 2021, except January 2020 and January 2021. Throughout Plaintiff’s employment, Defendants failed to pay Plaintiff overtime and minimum wage required under the Fair Labor Standards Act (“FLSA”) and the New York Labor Law (“NYLL”), and further failed to comply with the NYLL’s frequency of pay provisions as applicable to manual workers. Defendant routinely required Plaintiff to work, and Plaintiff did work, in excess of forty hours per week, but Defendant failed to pay Plaintiff at the statutorily-required overtime rate for those hours, and instead paid Plaintiff, on a bi-weekly basis, a flat daily rate regardless of the amount of hours that he worked in a day or in a week, and at other times, simply failed to pay Plaintiff at all. Additionally, Defendant violated the NYLL by failing to provide Plaintiffs with any wage notice at the time of his hire or with any wage statement on each payday or with any wage statement on each payday, let alone an accurate notice or statement.
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.
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