Misclassified Workers Settle Class Action Lawsuit, Recovering $540,000
- February 4, 2015
In Juan Almendras, et al v. Atelier Meriguet-Carrere, et al, Emery Celli Brinckerhoff Abady Ward & Maazel LLP, together with The Legal Aid Society’s Employment Law Unit, represent former and current painters of the high end residential decorating and painting companies, Atelier Premiere, Inc. and Atelier Mériguet-Carrère.
On February 4, 2015, the Honorable Judge Paul Crotty of the Southern District of New York granted class certification and final approval of a collective/class action settlement which resolved the painters’ claims that the companies misclassified them as independent contractors and failed to pay overtime compensation as required by the Fair Labor Standards Act and the New York Labor Law (“NYLL”), illegally deducted from their pay money for general liability insurance and workers compensation insurance in violation of the NYLL, and failed to provide annual wage statements and correct pay stubs as required by the NYLL. A payment of close to $400,000 will be divided among the class, which consists of more than 80 workers, most of whom are South American men who primarily speak Spanish and Portuguese. The remaining money will go to attorneys’ fees and service awards.
Staffing in this case from Emery Celli Brinckerhoff Abady Ward & Maazel included partner Elizabeth Saylor and associate David Lebowitz. Staffing from The Legal Aid Society included Staff Attorneys Amy Hong and Hollis Pfitsch and Supervising Attorney Karen Cacace.