On January 5, 2015, Fitapelli & Schaffer, LLP filed a collective action complaint in the United States District Court for the Southern District of New York against the owners and operators of “S. Katzman Produce”, a produce wholesaler located in the New York City Terminal Market at Hunts Point in the Bronx, on behalf of all foremen and other “Non-Exempt Workers” who have worked there.
Plaintiffs in this lawsuit submit that they were subjected to widespread, repeated, and consistent practices which violated their rights under the Fair Labor Standards Act (“FLSA”) and the New York Labor Law (“NYLL”). The complaint alleges that Defendants failed to compensate its employees at a time-and-a-half rate for all hours worked in excess of 40 per workweek, as required under the FLSA and the NYLL. Plaintiffs claim that they received a fixed weekly salary, regardless of the amount of hours they actually worked each week. For instance, Plaintiffs allege that they would consistently receive paystubs which would state that they only worked 40 hours each week, despite the claim that some of them actually worked an average of 60 hours per workweek. Accordingly, Plaintiffs claim that Defendants failed to keep accurate records of Plaintiffs’ hours worked. The lawsuit also alleges that Defendants further violated the NYLL through its failure to provide its employees with proper wage notices and statements.
We are seeking to represent foremen and other “Non-Exempt Workers” who work or have worked for Defendants. Eligible employees should contact us in order to join the case. For additional information, please call the employment lawyers at Fitapelli & Schaffer, LLP at (212) 300-0375 or visit our website at www.fslawfirm.com.