Judge grants Conditional Certification of Collective Action in the Southern District of New York

Richards v. Empire Scaffolding Systems, Inc., and Demari Installations Corp., and Antonios Mamounas, individually, Civil Case No.: 21-cv-6638-VEC

As previously reported on this website, in Richards v. Empire Scaffolding Systems, Inc., and Demari Installations Corp., and Antonios Mamounas, individually, Civil Case No.: 21-cv-6638, on August 5, 2021, Lead Plaintiff, Mr. Richards, on behalf of himself, individually, and on behalf of all others similarly-situated, filed a collective action lawsuit in the United States District Court Southern District of New York against EMPIRE SCAFFOLDING SYSTEMS, INC. (“Empire Scaffolding”), and DEMARI INSTALLATIONS CORP. (“Demari”), and ANTONIOS MAMOUNAS, individually (“Mamounas”, collectively, where appropriate, as “Defendants”), alleging violations of the Fair Labor Standards Act (“FLSA”), the New York Labor Law (“NYLL”), and the New York Comp. Codes, Rules, and Regulations (“NYCCRR”), including the failure of Defendants to compensate Plaintiff for overtime wages. The claims of the case are referenced in our September 2021 blog post and are reviewed as follows:

Plaintiff worked for Defendants – – two New York corporations that operate as a single enterprise that provides scaffolding services throughout New York City and its surrounding areas and the enterprise’s owner and day-to-day overseer – – as a laborer from 2005 until March 2019;
Throughout his employment, but as is relevant herein, for at least the six-year period pre-dating the commencement of this action, plus an additional 216 days pursuant to Governor Andrew M. Cuomo’s tolling orders, through the end of Plaintiff’s employment (“The Relevant Period”), Defendants willfully failed to pay Plaintiff overtime wages lawfully due to him under the FLSA, the NYLL, and the NYCRR;
Specifically, Defendants required Plaintiff, and Plaintiff did routinely work, more than forty hours in a workweek, but Defendants failed to compensate him at the statutorily required overtime rate of one and one-half times his regular rate of pay for all hours that he worked per week in excess of forty;
Instead, Defendants paid Plaintiff on an hourly basis at his regular rate of pay for all hours of work, including those hours that he worked in a week in excess of forty;

Defendants paid and treated all their non-managerial laborers in the same manner.

Defendant violated Plaintiff’s rights guaranteed to him by the overtime provisions of the FLSA, the NYLL and the NYCCRR. Additionally, Defendant violated the NYLL by failing to pay Plaintiff, a manual laborer, all of his wages owed at least as frequently as on a weekly basis, paying him biweekly instead; and provide Plaintiff with an accurate wage statement on each payday.

Certification of Collective Action

In this case, pursuant to the request of the Plaintiff, the Judge reviewed claims that the Plaintiff brought forward alleging that there are additional workers in the same “class” (performing the same or similar duties) whose rights have been violated. On July 1, 2022, Plaintiffs’ motion for approval of a collection action was granted, allowing the case to proceed as a collective action enabling any current and former employees who were not paid properly to join the lawsuit and seek redress for Defendants’ failure to compensate them in accordance with the law.

If you or a person you know worked for the Defendants named in the lawsuit during the time period of August 5, 2018 – present or has information that may be relevant to this case, contact Borrelli & Associates, P.L.L.C. as soon as possible through one of our websites, www.employmentlawyernewyork.com, www.516abogado.com or any of our phone numbers: (516) 248-5550, (516) ABOGADO, and (212) 679-5000.