New Collective Action in the Southern District Of New York
Kevin Garcia et al v. 1800Fix.com, et al., Case No. 14-cv-2845
On April 22, 2014, Lead Plaintiffs Kevin Garcia and Paula Martinez on behalf of themselves and those similarly situated filed a class and collective action lawsuit in the United States District Court – Southern District of New York vs. Defendants 1800Fix.com, Satellites LLC, Tony Brea, Luis Brea and Abel Brea. Defendants own and operate a chain of several stores throughout New York that service, refurbish and sell new and used electronic equipment. Plaintiffs allege that Defendants’ pay practices violate New York Labor Law, New York Compensation Codes Rules and Regulations and the Federal Fair Labor Standards Act.
Specifically, Plaintiff Garcia worked for Defendants as a technician and sales representative and alleges he worked forty-two to sixty-six hours per week for at least nine hours per day. However, Defendants paid Mr. Garcia different wages from week to week, sometimes paid him in cash, and did not pay him the required minimum wages or the statutorily required overtime rate of pay for any hour he worked over forty hours per week.
Additionally, Plaintiff Martinez worked as a receptionist working nine hours per day, six days per week for a total of fifty-four hours per week. Ms. Martinez alleges that Defendants at one point reduced her wages, paid her in cash, and failed to pay her minimum or overtime wages for hours she worked over forty hours per week.
If any person worked for the business or individuals named as Defendant in the lawsuit during the time period of April 22, 2008 – April 22, 2014 or has information that may be relevant to this case, call: (516) 248-5550, (516) ABOGADO, and (212) 679-5000.
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