Mechanics File Unpaid Wages Class Action Lawsuit Against Scrap Yard

A group of New York mechanics have filed an unpaid wages class action lawsuit against a scrap metal yard and several of its owners. According to the unpaid wages class action lawsuit, non exempt employees of defendant Bi-County Auto and Truck Salvage Corporation would regularly work over 40 hours per week but were only given a check for a set amount of money that did not adequately reflect the hours worked.

Plaintiffs Francisco Espinal, Ismael Reyes, Victor Sangurima, and several other lead plaintiffs are filing the unpaid wages class action lawsuit on behalf of themselves and other employees similarly situated. Each of these men worked as mechanics in the company’s scrap metal yard, and were allegedly under direct employment of Kenneth Hillman Sr. and his family members.

Overview of Unpaid Wages Class Action Lawsuit

The unpaid wages class action lawsuit names Kenneth Hillman Sr., Kenneth Hillman Jr., Keven Hillman, and Kid Hillman as defendants. Like most employees, Espinal and the others were entitled to a base minimum wage rate established by the Fair Labor Standards Act (FLSA) or the New York minimum wage rate of $15 per hour.

Instead, the claimants allege they were regularly denied overtime pay and were not properly compensated for all hours worked.

• Espinal says he worked for the company between July 2015 to June 21, 2017, as a metal sorter. His occupational duties included separating metals such as brass, aluminum, and copper. He did not have any administrative duties or management responsibilities. Espinal was paid approximately $340 per week by check when he started, and then $371 towards the end of his employment. Espinal worked over eight hours a day Monday through Friday, and six hours a day every Saturday.
• Reyes alleges he worked for the company between June 2016 to present, as a metal sorter and cable cutter. Reyes did not have any administrative duties or management responsibilities in his occupational duties, and worked every week from Monday to Friday over eight hours a day with six hours a day on Saturday. Reyes was paid a weekly check of $330.
• Sangurima alleged he was employed by the company from July 23, 2012 to February 2017, sorting parts and taking tires off of cars. Sangurima’s occupational duties did not involve any managerial or administrative responsibilities, and is a non exempt employee. He worked Monday through Friday over eight hours day, as well as six hours a day on Saturday. Even though Sangurima regularly worked over 56 hours per week, he was only paid $368 per week.

These men and other employees claim they would regularly work over 40 hours a week, and were allegedly only paid a set amount. Under federal labor laws, non exempt employees are entitled to 1.5x of their pay rate once they reach over 40 hours a week or eight hours a day.

The plaintiff say Hillman Sr. and his sons were responsible for keeping payment records and other relevant documentation for their employees. The Hillman family members and Bi-County allegedly failed to pay full wages and compensation to their employees, which eventually forced employees to file this unpaid wages class action lawsuit.

This Unpaid Wages Class Action Lawsuit is Espinal, et al. v. Bi-County Auto and Truck Salvage Corp., et al., Case No. 2:17-cv-04700, in the U.S. District Court for the Eastern District of New York.

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