Unpaid Overtime Wages Lawsuit Filed Against Urban Blue Design Co.

An unpaid overtime wages lawsuit was filed against Urban Blue Design Company and Zhang Sun, also known as Sam Sun, in U.S. District Court, Eastern District of New York on Sept. 20, 2017.

This is a collective action complaint initiated by former employee Li Da S. on behalf of himself and all those similarly situated with respect to this company and its alleged failure to pay appropriate overtime wages. Li Da S. is a resident of Queens, New York.

Li Da S., the plaintiff in this unpaid overtime wages lawsuit, says he worked for Urban Blue Design Company from August 2016 to December 2016. Urban Blue Design is headquartered in Centerport, N.Y. He says he was employed as a driver and work site helper for this construction company, and often worked from 7:00 a.m. to 8:00 p.m. six days per week for a total of approximately 72 hours per week.

His position required him to drive construction employees to different sites and be on call throughout the day. His duties included driving materials and/or tools from one work site to another if needed, purchase items needed at the request of his employer, and assisting workers with various tasks.

According to the narrative of this unpaid overtime wages lawsuit, Li Da S. was compensated $130 a day for the first two months of his employ. He was verbally assured of payment for services in the amount of $5,000 for another work site, but only saw compensation of $2,000 total despite assurances.

This failure to pay the whole amount expected left a $3,000 debt owed to the plaintiff, he alleges. On top of this, other wage shortfalls at other work sites added a total of another $3,000.

According to the legal documentation of this unpaid overtime wages lawsuit, the plaintiff is accusing the defendants of knowingly and maliciously violating the Federal Fair Labor Standards Act (FLSA) and New York state labor laws.

He alleges that the defendants did not provide him a wage notice at time of hire, that applicable minimum wage at the time was $9 per hour, and that he was not paid minimum or overtime wages according to local and federal law.

He also mentions that he was not given a “spread of hours” premium, which is additional payment for shifts lasting longer than 10 hours per day. This should have been paid weekly, according to New York labor laws. Finally, he alleges that he was frequently required to pay for needed items on job sites out of his own funds and was not reimbursed.

Li Da S. brings the following counts against Urban Blue Design and other defendant as noted: Violations of FLSA, Minimum Wage; Violation of NYLL, Minimum Wage; Violation of FLSA, Overtime Wage; Violation of NYLL, Overtime Pay; Violation of NYLL, Time of Hire Wage Notice; Violation of NYLL, New York Pay Stub Requirement; and Violation of FLSA, Failure to Reimburse for Expenses Related to Tools of the Trade.

The plaintiff and members joining the collective action complaint hope for certification of a collective action under FLSA and an injunction against the defendants from continuing to engage in unlawful employment practices.

They hope for an award of minimum wages, unpaid overtime wages, compensatory and liquidated damages. They also hope the award includes costs and fees of litigation and pre-judgement and post-judgement interest.

The Unpaid Overtime Wages Lawsuit against Urban Blue Design is Case No. 1:17-cv-05538-SLT-RLM in U.S. District Court for the Eastern District of New York.

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