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City Wav Employees Unpaid Wages, Unpaid Overtime FLSA, NYLL Class Action

In this class action, the issue is wages and the defendants are employers, including City Wav Corp., an individual known as Andre “Doe,” and some possible “John Does I-V.” The complaint alleges that the City Wav defendants did not pay employees at proper overtime rates, when they worked more than forty hours per week, and did not pay the plaintiff for his work at all. The laws at issue include the Fair Labor Standards Act (FLSA), New York Labor Law (NYLL), and the NYLL’s Wage Theft Prevention Act (WTPA).

The FLSA Collective Class is all nonexempt persons (including but not limited to drivers) who were employed by the defendants in this case, on or after February 23, 2016.

City Wav is a medical transportation company located in Brooklyn, New York, the complaint says, over which defendant Andre “Doe” had operational control, including over things pertaining to its employees.

Plaintiff Jose Ramos worked for City Wav as a driver during the month of August 2021. He claims his duties did not require discretion or independent judgment. During that month, he says he worked six days per week from approximately 7 am to 6 pm, for a total of roughly 66 hours per week.

The complaint alleges that the company promised to pay him at a fixed rate of $1,000 per week. However, it claims, “At all relevant times herein, Defendants failed to pay [Ramos] any wages.”

Ramos worked more than forty hours per week, the complaint claims, but the company never paid him a higher rate of one and a half times his normal pay for the overtime hours. Also, the complaint alleges, he did not receive an extra hour’s pay for each day that his shift was longer than ten hours. In addition, the complaint alleges, he was not given meal breaks or rest periods of any length of times.

Besides all that, the complaint claims he was never asked to keep track of his time, never used a time clock or other method of time tracking, and was never given a statement of wages, as NYLL requires. Furthermore, the complaint says, he was never given notification, in the form of a poster or other means, about wages, as required by NYLL or the FLSA.

The claims include unpaid minimum and overtime wages (under both the FLSA and NYLL), spread-of-hours pay (NYLL), failure to provide wage notices (NYLL, WTPA), and violation of wage statement provisions (NYLL).

Article Type: Lawsuit
Topic: Employment

Most Recent Case Event

City Wav Employees Unpaid Wages, Unpaid Overtime FLSA, NYLL Complaint

February 23, 2022

In this class action, the issue is wages and the defendants are employers, including City Wav Corp., an individual known as Andre “Doe,” and some possible “John Does I-V.” The complaint alleges that the City Wav defendants did not pay employees at proper overtime rates, when they worked more than forty hours per week, and did not pay the plaintiff for his work at all. The laws at issue include the Fair Labor Standards Act (FLSA), New York Labor Law (NYLL), and the NYLL’s Wage Theft Prevention Act (WTPA).

City Wav Employees Unpaid Wages, Unpaid Overtime FLSA, NYLL Complaint

Case Event History

City Wav Employees Unpaid Wages, Unpaid Overtime FLSA, NYLL Complaint

February 23, 2022

In this class action, the issue is wages and the defendants are employers, including City Wav Corp., an individual known as Andre “Doe,” and some possible “John Does I-V.” The complaint alleges that the City Wav defendants did not pay employees at proper overtime rates, when they worked more than forty hours per week, and did not pay the plaintiff for his work at all. The laws at issue include the Fair Labor Standards Act (FLSA), New York Labor Law (NYLL), and the NYLL’s Wage Theft Prevention Act (WTPA).

City Wav Employees Unpaid Wages, Unpaid Overtime FLSA, NYLL Complaint
Tags: Employment Violations, FLSA, Minimum Wage Violations, Unpaid Overtime