Date: 09-13-2023

Case Style:

Santiago Cruz v. D.W.S. Associates, Inc., d/b/a DWS Printing and Packaging

Case Number: 2:22-cv-06732

Judge: Joan M. Azrack

Court: United States District Court for the Eastern District of New York (Nassau County)

Plaintiff's Attorney: David Barnhorn and Peter Romero

Defendant's Attorney: Brian Palueri and Harris Katz

Description: Central Islip, New York employment law lawyers represented the Plaintiff who sued the Defendant on a Fair Labor Standards Act violation theory claiming that the Defendant failed and refused to pay overtime compensation.

"The Fair Labor Standards Act (FLSA) is a federal law that sets minimum wage, overtime pay, recordkeeping, and youth employment standards affecting employees in the private sector and in federal, state, and local governments.

Some of the common violations of the FLSA include:

Paying less than the minimum wage. The current federal minimum wage is $7.25 per hour. However, some states and localities have higher minimum wages.
Not paying overtime pay. Overtime pay is time and a half the regular rate of pay for hours worked over 40 in a workweek.
Not keeping accurate records of hours worked. Employers must keep accurate records of the hours their employees work, including start and stop times, breaks, and overtime.
Requiring employees to work off the clock. This is illegal and can result in back wages and penalties.
Discriminating against employees who complain about FLSA violations. Employees are protected from retaliation for complaining about FLSA violations.

If you believe that your employer is violating the FLSA, you can file a complaint with the Wage and Hour Division of the U.S. Department of Labor. The Wage and Hour Division can investigate the complaint and take action against the employer, if necessary.

You can also file a private lawsuit against your employer for FLSA violations. However, it is important to speak with an attorney before filing a lawsuit, as there are certain requirements that must be met in order to bring a successful lawsuit.

Here are some of the penalties for FLSA violations:

Civil fines of up to $1,000 per violation.
Criminal fines of up to $10,000 per violation and/or imprisonment for up to six months.
Restitution to employees who were underpaid.

If you believe that your employer is violating the FLSA, you should contact an attorney to discuss your legal rights and options."

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Outcome: 09/13/2023 25 CLERK'S JUDGMENT: ORDERED AND ADJUDGED that judgment is entered in in favor of Plaintiff Santiago Cruz against Defendants D.W.S. Associates, Inc, and Andrew Staib in the amount of $35,000.00, inclusive of all Plaintiff's damages, reasonable attorneys' fees and costs incurred in prosecuting Plaintiff's Complaint; and that this case is closed. Ordered by Clerk of Court on 9/13/2023. (JT) (Entered: 09/13/2023)

Plaintiff's Experts:

Defendant's Experts:

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