O’Campo and Jimenez v. Guaranteed Home Improvement LLC, and Justin Romano, individually, and Abraham Finkler, individually, and Ricardo Martinez, individually; Index No.:24-cv-06980-AYS

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

On October 2, 2024, Plaintiffs O’Campo and Jimenez, (together, where appropriate, as “Plaintiffs”), by and through their attorneys, BORRELLI & ASSOCIATES, P.L.L.C., filed their Complaint against GUARANTEED HOME IMPROVEMENT LLC (“GHI”), and JUSTIN ROMANO, individually, and ABRAHAM FINKLER, individually, and RICARDO MARTINEZ, individually, (together, where appropriate, as “Defendants”), alleging upon knowledge as to themselves and their own actions, and upon information and belief as to all other matter, as follows:

Defendants are New York limited liability company that operates a chimney service business in Plainview, New York, and its three owners and/or day-to-day oversees.  Plaintiff Ocampo worked for Defendants as a chimney technician from in or around June 2021 through March 12, 2024, while Plaintiff Jimenez worked for Defendants as a helper from November 13, 2023, through February 13, 2024.  As described below, throughout their respective periods of employment, Defendants willfully failed to pay both Plaintiffs the overtime wages lawfully due to them under the Fair Labor Standards Act  and the New York Labor Law (“NYLL”), and Jimenez the minimum wages due under the NYLL.  Specifically, throughout their employment, Defendants required Plaintiffs to work and Plaintiffs did work, in excess of forty hours each workweek, or virtually each week.  Yet in exchange, Defendants paid both Plaintiffs a flat weekly salary and paid Ocampo and additional non-discretionary bonus that did not in any way correspond to the amount of hours that he worked in a week.  The wages that Defendants paid Plaintiff did not include overtime premiums at the rate of one and one-half time their respective regular rates of pay, or one and one-half times the minimum wage rate, if greater, for those hours that Plaintiffs worked in a week in excess of forty.  Moreover, throughout Jimenez’s employment, the flat weekly salary that Defendants paid him, when divided by the hours that he worked in a week, fell below the New York minimum wage rate for each hour worked.  Additionally, throughout Plaintiff Jimenez’s employment, for those days when his shift exceeded ten hours from beginning to end, which was almost every workday, Defendants did not compensate him with an additional one hour’s pay at the minimum wage rate, in violation of the spread of hours of the NYLL and the  N.Y. Comp. Codes R. & Regs (“NYCRR”).  Defendants also violated the NYLL by failing to furnish Plaintiffs with an accurate wage statement on each payday or with any wage notice at the times of their hire, let alone an accurate notice.  Defendants paid and treated all of their non-managerial workers, including chimney technicians and helpers, 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.