On May 17, 2024, Plaintiff Jones, on behalf of himself, individually, and on behalf of all others similarly-situated, (collectively as “FLSA Plaintiffs”), by and through his attorneys, BORRELLI & ASSOCIATES, P.L.L.C., as and for his Complaint against A.T.A. TOWING INC. (“ATA”), and RAJ KUMAR, 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 matter, as follows :
Plaintiff worked for Defendants – – a New York corporation that operates an automobile body shop in Long Island City and the corporation’s Chief Executive Officer (“CEO”) and day-to-day overseer – – as a tow truck driver from in or around March 2017 until on or about January 30, 2024. As described below, throughout his employment, but as is relevant herein, for the six-year period pre-dating the commencement of this action, plus an additional 228 days pursuant to former Governor Andrew M. Cuomo’s executive tolling orders, until the end of his employment (“the Relevant Period”), Defendants willfully failed to pay Plaintiff the overtime wages lawfully due to him under the Fair Standards Labor Act (“FLSA”) and the New York Labor Law (“NYLL”) . Specifically, throughout the Relevant Period, Defendants required Plaintiff to work, and Plaintiff did work, in excess of forty hours each workweek, or virtually each week, yet in exchange, Defendants paid Plaintiff a flat weekly salary regardless of how many hours that Plaintiff worked in a week, which did not include overtime premiums for those hours that Plaintiff worked in a week in excess of forty. Furthermore, throughout at least the Relevant Period, Defendants failed to provide Plaintiff with wage statement on each payday, let alone an accurate one, as NYLL requires. Defendants paid and treated all of their non-managerial tow truck driver employees in the same manner.
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.
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