Judge issues report and recommendation granting Class Certification of Collective Action in the Southern District of New York

Martinez, et al., v. JLM Decorating Inc., et al., Case No.: 20-CV-02969-RA-SN

Lead Plaintiff, Mr. Martinez, on behalf of himself, individually, and on behalf of all others similarly-situated, filed a class and collective action lawsuit in the United States District Court Southern District of New York against JLM DECORATING, INC. (“JLM Decorating”), and JLM DECORATING NYC INC. (“JLM NYC”), and COSMOPOLITAN INTERIOR NY CORPORATION (“Cosmopolitan”), and MOSHE GOLD, individually, and JOSAFATH ARIAS, individually, (collectively, where appropriate, as “Defendants”) alleging violations of the Fair Labor Standards Act (“FLSA”) and the New York Labor Law (“NYLL”) by allegedly failing to adequately compensate non-managerial hourly employees who performed manual labor.  The claims of the case are referenced in our February 2022 post found here, https://www.employmentlawyernewyork.com/news/latest/martinez-v-jlm-decorating-inc-case-no-20-cv-2969-ajn.html  and are reviewed as follows:

• Plaintiff worked for Defendants – – three New York corporations that operate as a single enterprise to runs a New York City-based painting and renovation business for commercial clients, its Chief Executive Officer, and its day-to-day overseer – – as a painter, primarily in Manhattan and always in New York, from on or around April 22, 2018 through November 21, 2018;

• Specifically, Defendants required Plaintiff, and Plaintiff did work, in excess of forty hours per week, but Defendants failed to compensate Plaintiff at the statutorily-required overtime rate for those hours;

• Instead, throughout his employment, Defendants routinely required Plaintiff to work, and Plaintiff did work, beyond forty hours in a workweek, but Defendants paid Plaintiff on an hourly basis at his regular rate of pay for all hours worked each week, and therefore 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 in violation of the FLSA and the NYLL;

• 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 provide Plaintiff with any wage notice upon hire or throughout the relevant period; and provide Plaintiff with an accurate wage statement on each payday.

Certification of Class 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 January 2, 2024, the Court ordered a report and recommendation for the approval of a class action, allowing the case to proceed as a class action enables the Plaintiff’s claims to be brought on behalf of any current and former employees who were not paid properly, and to 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 April 2021 – 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.