Lauren Silva  |  December 2, 2021

Category: Discrimination

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Amico" and "medical equipment" and "class action
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Amico Wage Theft, Racial Discrimination Class Action Lawsuit Overview:

  • Why: The employee alleges Amico of illegally withholding wages from certain workers and racial disparagement.
  • Who: A former employee filed a class action lawsuit against Amico Corporation.
  • Where: The class action lawsuit is pending in New York federal court.

Amico Corporation, a manufacturer of medical equipment and hardware, is facing a class action lawsuit lodged by a former worker alleging the company subjected him and others to overt racial harassment and wage theft. 

The lead plaintiff, Tony H. Carroll, used to work at Amico as a forklift operator and was paid hourly. Carroll maintains that he and other Class Members spent more than 25 percent of their work hours performing manual tasks that involved standing for extended periods of time, lifting, bending, stooping, climbing, and twisting.

Per New York Labor laws, Carroll and other manual laborers at Amico, such as machine operators, inventory clerks, warehouse workers, and maintenance technicians, must be paid weekly, or within seven calendar days after the end of the week in which their wages were earned, according to the wage theft class action.

However, Amico compensated Carroll and all other hourly employees on a bi-weekly basis. Thus, Amico “failed to provide timely wages” to its hourly employees. Amico also failed to provide employees with notice of this wage rate and the basis of pay upon hire which is also required by labor laws. 

Carroll seeks to represent a class of all former and current employees of Amico Corporation in hourly paid positions such as inventory clerks, warehouse workers, and maintenance technicians in the State of New York at any time during the six years prior to the filing of the initial complaint and the date of judgment in this action. This excludes managers and others with executive positions who are paid fixed salaries.

‘Racial Harassment’ at Amico Drove Worker To Quit, Claims Class Action Lawsuit 

In addition to illegal wage withholding, Carroll, who is a Black male, suffered racial harassment at the hands of Amico’s Head of Operations throughout his employment at Amico. The Head of Operations would allegedly make disparaging remarks to Carroll and mock him by calling him the name of a Black character on a television show.

The harassment and “hostile work environment” resulted in Carroll’s “constructive discharge,” or resignation due to the employer’s intolerable work environment. His experience at Amico caused and continues to cause Carroll “embarrassment, humiliation, emotional pain, and mental anguish.”

Carroll seeks injunctive and declaratory relief, liquidated damages, compensatory damages, punitive damages, and attorneys’ fees and costs. 

Have you been the victim of wage theft or racial harassment at your place of employment? Sign up to start a class action lawsuit!

The plaintiff is represented by Peter A. Romero of the Law Office of Peter A. Romero PLLC. 

The Amico Wage Theft Racial Discrimination Class Action Lawsuit is Carroll v. Amico Corporation, Case No. 2:21-cv-06631, in the US District Court for the Eastern District of New York. 


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