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:
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.
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