On May 29, 2015, Fitapelli & Schaffer, LLP filed a class action lawsuit in the United States District Court for the Eastern District of New York against Aki Renovations Group, Inc.; Aki Renovations, Inc.; Aki Todic, individually; Mujo Todic, individually; and Halil Todic, individually (collectively “Defendants” or “Aki Group”). The lawsuit is filed on behalf of all laborers who work or have worked for the Aki Group within the last six years.
Defendants are based in Queens, New York and provide construction and building renovation services to the Tri-State Area. The lawsuit claims Aki Group laborers are paid a day rate, which is a pre-set amount of pay for each day of work. The FLSA and NYLL require that employers calculate overtime on a week by week basis and pay the overtime premium of one and one half times an employees’ regular rate of pay for each hour worked over forty unless exempt. Plaintiffs, as laborers, are non-exempt and entitled to this premium pay. Day rate compensation violates the FLSA if employees work in excess of forty hours per work week and do not receive the overtime premium. Laborers consistently work over forty hours a week, often as much as 56 hours per week, without being compensated for overtime hours in violation of the FLSA and the NYLL. In addition, the lawsuit seeks to recover all NYLL statutory damages for Defendants’ failure to provide annual wage notices, accurate wage statements, and failure to maintain accurate records of wages earned and hours worked by its employees.
Affected employees include any laborers who presently work or have worked for Aki Renovations Group, Inc. and/or Aki Renovations within the last six years. Current and former Aki Group laborers should contact Fitapelli & Schaffer, LLP at (212) 300-0375 to see if you are eligible to join the case.
As can be seen from this lawsuit, the construction industry often violates employees’ rights under the FLSA and NYLL regarding overtime pay. If you are a current or former employee of the construction industry, you may have an overtime claim against your employer. If you believe you have a potential claim, please call the employment lawyers at Fitapelli & Schaffer, LLP at (212) 300-0375 or visit our website at www.fslawfirm.com.