By Heba Elsherif  |  September 21, 2017

Category: Labor & Employment

wage and hour overtime payroll pay stubsPlaintiff Sydney S. has  filed a lawsuit in New York federal court against Zarman Surgical Supply, Inc., and Manzar Karim, alleging violations of federal and state labor laws.

According to the overtime wages lawsuit, Sydney alleges the defendant is in violation of the Fair Labor Standards Act, or FLSA, and that he is purportedly entitled to overtime wages from the defendant.

The overtime wages lawsuit contends that he had allegedly worked more than forty hours per week but was not paid the federally regulated overtime rate of 1.5 times the regular pay rate for all hours worked over forty in a week.

Sydney according to the overtime wages lawsuit, is a resident of Kings Country in New York state. He worked for Zarman Surgical Inc., a corporation headquartered in New York, that specializes in the selling of medical equipment and supplies and providing installation services.

Moreover, the company was also owned and controlled by defendant Manzar Karim, who was purportedly in charge of management and control of Zarman Surgical.

Sydney began working for the defendant in May 2006 until approximately May 2017. His job pertained to the delivery and installation of services, and he worked as a manual worker.

According to the overtime wages lawsuit, he was paid a regular rate of $10-$15.50 per hour. He claims he was not paid for all his hours worked, including overtime.

The overtime wages lawsuit states the “plaintiff was not paid any wages including overtime wages for his remaining hours worked in each week.”

Additionally, the overtime wages lawsuit contends that the plaintiff had to cover the costs of parking tickets as well as gas and other vehicle maintenance costs while he was working for the defendants. Sidney claims he was never reimbursed for these expenses.

The overtime wages lawsuit states that the plaintiff is owed about $7,000-$8,000 by Zarman and Manzar Karim.

Additionally, the wage statements given to the plaintiff did not contain all the hours worked by the plaintiff, nor did it include the plaintiff’s hour rate of pay, including his regular rate.

The plaintiff files three causes of action against the defendant. These include violations of the Fair Labor Standards Act, and other violations pertaining to New York federal and state labor laws.

According to the U.S. Department of Labor, “the FLSA establishes minimum wage, overtime pay, recordkeeping, and youth employment standards affecting employees in the private sector and in Federal, State, and local governments.”

The DOL also says that “[c]overed nonexempt workers are entitled to a minimum wage of not less than $7.25 per hour effective July 24, 2009. Overtime pay at a rate not less than one and one-half times the regular rate of pay is required after 40 hours of work in a workweek.”

According to the DOL, moreover, if an individual works on weekends, holidays, and regular days of rest, overtime pay is not required unless they work overtime hours and those days.

The Overtime Wages Lawsuit is Case No. 1:17-cv-05112-MKB-JO, in the U.S. District Court for the Eastern District of New York.

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