A lawsuit filed on February 5, 2013 alleges that A-1 First Class Moving & Storage (“A-1 Moving”) failed to pay their service employees the proper prevailing wage rate and overtime pay. Other affected employees are current and former service employees who work or have worked for A-1 Moving within the past six years.
The New York Labor Law (“NYLL”) requires contractors and subcontractors to pay the prevailing rate of wage and supplements (fringe benefits) to all workers under a public works contract. The prevailing wage rate is set for the locality where the work is performed. A-1 Moving contracted with various government agencies of the City of New York. The service employees allege that A-1 Moving failed to pay them the prevailing wage rate as set by the New York City Comptroller’s Office for their work performed on these public work projects. The service employees further allege that A-1 Moving required them to work in excess of forty hours per workweek, without paying them overtime pay as required under the NYLL. Finally, the service employees allege that A-1 Moving required them to regularly appear at their offices without compensating them on days when no work was assigned. This lawsuit seeks to recover the difference between the wage rate paid and the prevailing wage rate for hours worked up until 40 per week, overtime pay at 1.5 times the prevailing hourly rate for hours worked over 40 per week, and “call-in pay” when service employees were required to appear at A-1 Moving’s offices when no work was assigned.
The Prevailing wage law covers anyone who: works in construction under a public works contract on a City-owned facility; provides building services such as security, cleaning, temporary office clerical, or food services in a City-owned building; transports fossil fuel, office furniture, rubbish or equipment in a City-owned building; or provides certain home attendant services, day care, or head-start services to New York City residents. Anyone who has worked in any of the above mentioned positions, within the past six years, may have a wage claim. Please contact the employment lawyers at Fitapelli & Schaffer, (212) 300-0375, to schedule a free consultation so that we can discuss your rights under the New York Labor Law.
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Current and former service employees of A-1 Moving, who have questions about the lawsuit, should contact Fitapelli & Schaffer, (212) 300-0375. You can also view the complaint here.