Construction Firm Gets Hit with Major Wage And Hour and Fair Labor Standards Act (FLSA) Case

Plaintiff Neville Brown and others similarly situated have brought a lawsuit alleging that Brown and fellow construction workers failed to receive fair payment for their work, per New York’s Wage and Hour laws and the Fair Labor Standards Act (FLSA). Defendants Empire Appraising Services Inc. and Roger Strongwater face challenging allegations, to say the least.

The allegations paint a compelling picture:

• Brown and fellow construction workers allege that they were paid a set amount per shift (i.e. shift pay) which did not vary based upon how many hours they worked per week.

• It is alleged that Plaintiffs regularly labored in excess of 40 hours a week but were never paid an overtime premium for hours worked in excess of forty per week. Under federal and New York laws, all but specifically exempt employees are entitled to one-and-a-half times the hourly rate for hours worked in excess of 40 hours per workweek.

Plaintiffs seek full relief, including:

• Proper overtime compensation for each hour of overtime worked;
• Liquidated damages in an amount equal to the unpaid overtime compensation; and
• Attorneys’ fees, costs, pre-judgment interest, and post-judgment interest.

Implications for You, as a Possible Victim of Wage and Hour Violations:

If your employer has bullied you into accepting inadequate, unfair, and illegal compensation, you have the right and power to protect your interests and even help others in the same boat. Whether your employer denied you overtime or minimum wages, engaged in restaurant tip violations, or committed other malfeasance, the team here at Joseph & Kirschenbaum, LLP can help you understand your rights and develop an effective plan of action. Connect with us today at (212) 688-5640 for a free, confidential evaluation of your case.