Trentecoste et. al v. Mavis Tire Supply LLC, individually, Index No.:22-cv-5257

New Action filed in the United States District Court Southern District of New York

Trentecoste et. al v. Mavis Tire Supply LLC, individually, Index No.:22-cv-5257

 On June 22, 2022 Plaintiff Trentecoste, on behalf of himself, individually, and on behalf of all others similarly-situated (collectively as “FLSA Plaintiffs,” and/or “Rule 23 Plaintiffs,” as these terms are defined below), by and through his attorneys, BORRELLI & ASSOCIATES, P.L.L.C., as and for his Complaint against MAVIS TIRE SUPPLY LLC (“Mavis” or “Defendant”), alleges upon knowledge as to himself and his own actions and upon information and belief as to himself and his own actions and upon information and belief as to all other matters, as follows:

Plaintiff worked for Defendants – – a Delaware limited liability company that is headquartered in White Plains, New York, and which operates a nationwide tire sales and automobile services company – – at multiple locations in New York, as a store manager, a managerial position in name only, from June 2009 until May 2015, with the exception of December 2012 through November 2013, and then again from in or around October 2018 until October 23, 2021. Throughout Plaintiff’s employment, but as is relevant herein, for the six-year period predating the commencement of this action plus the applicable tolling period pursuant to Governor Andrew M. Cuomo’s Executive Orders, until the end of his employment (“the Relevant Period”), Defendant 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, despite Plaintiff’s duties not qualifying him for any exemption, Defendant required Plaintiff to work, and Plaintiff did work, in excess of forty hours in a workweek, but paid Plaintiff a flat weekly salary that did not include overtime premiums, and Defendant thus failed to failed pay Plaintiff at the statutorily-required overtime rate of one and one half times his regular rate for any hours that Plaintiff worked in a week over forty.  Additionally, in further violation of the NYLL and/or the N.Y. Comp. Codes R. & Regs (“NYCRR”), Defendants failed to provide Plaintiff with any wage statements on each payday, let alone accurate ones.

Mr. Trentecoste has commenced this action not only for himself but also for all his other current and/or former coworkers who were also paid improperly by the Defendants. Therefore, 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.