Construction Company Hit with Class Action for Failing to Pay Overtime

A New York construction company, BMNY Contracting Corporation, is being sued by one of its employees, Mario J. Hernandez, for overtime violations. The suit seeks class action status and was filed in the Southern District of New York.

Hernandez claims he often worked for BMNY for more than 40 hours a week, but was denied overtime pay. He also claims that BMNY delayed in making payments and sometimes issued pay checks that were returned for insufficient funds.
“During the period September 8, 2017 to September 14, 2017, [Hernandez] worked a total of 63 hours; during the period September 15, 2017 to September 21, 2017, [he] worked a total of 60 hours; and during the period September 29, 2016 to October 5, 2017, [he] worked a total of 55.5 hours.” BMNY, however, paid Hernandez “at his regular rate of pay for all hours worked, including the hours worked by [Hernandez] in excess of 40 hours,” the complaint states.
Hernandez further alleges that BMNY “willfully disregarded and purposely evaded record keeping requirements . . . by failing to maintain accurate records of the hours worked by and wages paid to” him. He also claims BMNY failed to provide him with written notice of his rate of pay and other information, as well as failing to post notices explaining wage and hour requirements in conspicuous places, as required by law.
Claiming that there are as many as 40 other employees of BMNY that may have been subjected to similar violations, the suit seeks class action status to include all those employed by BMNY during the six years prior to commencement of the lawsuit.
In support of class action status, Hernandez argues, “current employees are often afraid to assert their rights out of fear of direct or indirect retaliation. Former employees are fearful of bringing claims because doing so can harm their employment, future employment, and future efforts to secure employment. Class actions provide Class Members who are not named in the complaint a degree of anonymity, which allows for the vindication of their rights while eliminating or reducing those risks.”
The suit seeks unpaid wages, overtime wages and damages, and a declaratory judgment that BMNY’s practices are unlawful. Hernandez is represented by Peter A. Romero of Babylon, New York.
BMNY did not return a message requesting comment.
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