Firm Secures Judgment in the amount of $100,000.00 – Wage & Hour Violations

Alvarado and Aquapan et al. v. Sunshine 39 Windows & Glass, Inc., and Lim Siew Seng, individually, et al. Docket No: 19-cv-6446-DLI-SMG

Firm represented two employees against Sunshine 39 Windows & Glass, Inc., and Lim Siew Seng, individually, for unpaid overtime wages in violation of the Fair Labor Standards Act and the New York Labor Law.  Generally, the Plaintiffs contended that the Defendants subjected them to working in excess of forty hours a week, yet Defendants failed to pay Plaintiffs at the statutorily required overtime rate of at least one and one-half times the minimum wage rate, or one and one-half times their regular rate of pay when greater, for any hours that they worked each week in excess of forty.  Additionally, Defendants paid Plaintiffs a daily rate that ranged – – depending on the year – – between $70.00 to $135.00, with an occasional production bonus of $20 to $30 per week, regardless of the total hours that Plaintiffs worked in a day or in a week, and thus did not include overtime premiums for weeks when Plaintiffs worked hours in excess of forty, which was virtually each week that they’ve worked during the relevant period. Furthermore, Defendants violated the NYLL by paying Plaintiffs, at times, at an hourly rate of pay that fell below the minimum that the NYLL requires for each hour worked, by failing to pay Plaintiffs an extra hour’s pay at the minimum wage rate for all days when their spread of hours worked exceeded ten, and by failing to provide Plaintiffs with any wage statements on each payday or with any wage notice at the time of their hire.  The case concluded in a judgment in the amount of $100,000.00.  Michael J. Borrelli handled the matter on behalf of the firm.