LunaVictoria et. al v. M & J Ironworks Inc. d/b/a M&J Iron Works, and Franklin De Rosario individually, Index No.:22-cv-7928

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

LunaVictoria et. al v. M & J Ironworks Inc. d/b/a M&J Iron Works, and Franklin De Rosario individually, Index No.:22-cv-7928

On December 28^th, 2022, Plaintiff LunaVictoria, 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 M & J IRONWORKS INC. d/b/a M&J IRON WORKS (“M&J”), and FRANKLIN DE ROSARIO, individually, (together, 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 – – a New York corporation that operates as a Brooklyn-based metal fabrication and construction business and its owners and day-to-day overseer – – as a welder and construction worker, performing work at various jobsites in New York City and Nassau County, from June 2016, through August 3, 2022.  Throughout Plaintiff’s employment, 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”).  Specifically, throughout his employment, Defendants routinely required Plaintiff to work, and Plaintiff did work, beyond forty hours in a workweek, but Defendants paid Plaintiff a flat weekly salary that did not include overtime premiums at the statutorily-required overtime rate of either one and one-half times his regular rate of pay, or one and one-half times the minimum wage rate, if greater, for all hours that he worked in excess of forty in a week. Furthermore, Defendants violated the NYLL and/or the N.Y. Comp. Codes R. & Regs (“NYCRR”) by failing to: compensate Plaintiff at least at the statutorily-required minimum wage rate for all hours that Plaintiff worked each week; furnish Plaintiff with any wage statement on each payday, let alone an accurate one; and furnish Plaintiff with any wage notice at the time of his hire, let alone an accurate one.

Mr. LunaVictoria 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.