Landaverde v. Frank Marando Landscape

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

Landaverde et. al v. Frank Marando Landscape, Inc., d/b/a Marando Landscaping, and Marando Group, LTD., d/b/a Marando Landscaping, and Frank Marando, individually and Joseph Marando, individually, Index No.:22-cv-7585

On September 6^th, 2022, Plaintiff Landaverde, on behalf of himself, individually, and on behalf of all others similarly-situated, (collectively as “FSLA Plaintiffs,” as that term is defined below), by and through his attorneys, BORRELLI & ASSOCIATES, P.L.L.C., as and for his Complaint against FRANK MARANDO LANDSCAPE, INC., d/b/a MARANDO LANDSCAPING (“Marando Landscaping”), and MARANDO GROUP, LTD., d/b/a MARANDO LANDSCAPING (“Marando Group”), and FRANK MARANDO, individually (“Frank”), and JOSEPH MARANDO, individually (“Joseph”, and together with Marando Landscaping, Marando Group, and Frank, where appropriate, as “Defendants”), alleges upon knowledge as to himself and his own actions and upon information and belief as to all other matters, as follows:

Plaintiff worked for Defendants – – two New York corporations that operate as a single enterprise to run a Queens County-based landscaping company and the enterprise’s two owners and day-to-day overseer – – as a landscaper and laborer, from June 15, 2019, through December 31, 2021, throughout New York City. Throughout Plaintiff’s employment, (“the Relevant Period”), Defendants willfully 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”), or the minimums under the NYLL. Specifically, throughout the Relevant Period, although his exact hours varied from week to week depending on the weather, Defendants required Plaintiff to work, and Plaintiff did work, more than forty hours per week.  In exchange for his work, Defendants paid Plaintiff on an hourly basis, typically by check for his first sixteen to twenty-four hours of work each week at one rate, and then for the remaining hours that Plaintiff worked each week, including those that he worked in a week over forty, in cash, at a lower rate, which fell below New York’s minimum wage.  For other weeks, Defendants paid Plaintiff in cash, at an even lower hourly rate that fell below New York’s minimum wage, for all hours that he worked, including those that he worked in a week over forty.  Thus, for his hours worked in a week over forty, Defendants failed to pay Plaintiff at the rate of one and one-half times the weighted average of his regular hourly rate, or the minimum wage rate, whichever was greater, in violation of the FSLA and the NYLL. Furthermore, Defendants violated the NYLL and/or the N.Y. Comp. Codes R. & Regs (“NYCRR”) by failing to: pay Plaintiff spread-of-hours compensation of one hour’s pay at the minimum wage for all days when his workday exceeded ten hours from beginning to end; provide Plaintiff with a wage statement on each payday that accurately listed, inter alia, his actual hours worked, his overtime rate and overtime wages owed, and his spread-of-hours wages owed; and provide Plaintiff with any wage notice upon his hire, let alone an accurate one.

Mr. Landaverde 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.