Duran, on behalf of himself, individually, and on behalf of all others similarly-situated v. R&L Interior Renovations and Construction, Corp., and Luis Fermin, individually, Civil Case No: 20-cv-9344.

New Action filed in the Southern District of New York

Duran, on behalf of himself, individually, and on behalf of all others similarly-situated v. R&L Interior Renovations and Construction, Corp., and Luis Fermin, individually, Civil Case No: 20-cv-9344. 

On November 6, 2020, Plaintiff Duran, on behalf of himself, individually, and on behalf of all others similarly-situated, filed a lawsuit in the United States District Court Southern District of New York against R&L INTERIOR RENOVATIONS AND CONSTRUCTION, CORP (“R&L”) and LUIS FERMIN (collectively as “Defendants”) alleging as follows:

Plaintiffs worked for Defendants – – a Bronx-based construction and remodeling company and its owner and day-to-day overseer- – as a laborer from on or around July 24, 2017 until November 24, 2018.  As described below, throughout the entirety of 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”), or at the minimum wage rate required under the NYLL.  Specifically, Defendants required Plaintiff to work, and Plaintiff did in fact work, more than forty hours practically each week, yet Defendants failed to compensate Plaintiff at the rate of one and one-half times his regular rate, or one and one-half times the minimum wage, if greater, for any hours that he worked in excess of forty in a week. Instead, Defendants paid Plaintiff a flat daily rate regardless of how many hours he worked in a day or in a week that did not include overtime premiums, and which fell below New York’s statutorily-required minimum wage rate for all hours worked.

Defendants further violated the NYLL by failing to: pay Plaintiff spread-of-hours compensation of one hour’s pay at the minimum wage rate for all days when his workday exceeded ten hours from beginning to end; and provide Plaintiff with any wage statements on each payday or with any wage notice upon his hire, let alone accurate ones.

Defendants paid and treated all of their non-managerial laborers in the same manner.  Accordingly, Plaintiff brings this lawsuit against Defendants pursuant to the collective action provisions of the FLSA, 29 U.S.C. § 216(b), on behalf of himself, individually, and on behalf of all other persons similarly-situated during the applicable FLSA limitations period who suffered damages as a result of Defendant’s violation of the FLSA. Plaintiff brings his claims under the NYLL and the N.Y. Comp. Codes R. & Regs. (“NYCRR”) on behalf of himself, individually, and on behalf of any FLSA Plaintiff, as that term is defined below, who opts-into this action.

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.