HVJC Files Class Action Lawsuit For Laborers Required to Work “Off the Clock” Without Pay

 

On August 24, 2017, HVJC filed a lawsuit in U.S. District Court, seeking class action status, on behalf of New Rochelle-area laborers who worked for a large landscaping and maintenance company but were denied minimum wage and overtime pay in violation of federal and state law. This case, developed in partnership with United Community Center of Westchester, involves egregious labor standards violations affecting dozens of low-wage, immigrant workers.

For years, employees of Rosann Landscape Corp. were required to begin working as early as 5 a.m., transporting and unloading equipment to their work sites in New York and New Jersey. However, the workers were never paid for these and other mandatory hours of labor they performed while servicing large residential developments where they did long hours of physically strenuous landscaping and maintenance work.  Routinely, workweeks at Rosann Landscape Corp. totaled more than 55 hours of work for each laborer, but no employees received overtime compensation as required by law and many received less than minimum wage during certain periods.

The case, Jose Barragan et al. v. Rosann Landscape Corp. et al., was filed by HVJC attorneys and New Jersey-based co-counsel, David Tykulsker, Esq. on behalf of several former employees of Rosann Landscape Corp. to vindicate their labor rights as well as those of the estimated 60-70 other employees of the company during the past three years.  The plaintiffs seek relief under the federal Fair Labor Standards Act and New York Labor Law.

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