On November 9, 2021, Plaintiff Justin Kerker filed a Complaint against BMDC Construction Limited, BMDC Construction I LLC, and Ben Mullen in the United States District Court for the Southern District of New York, which is assigned case number 1:21-cv-09277.
Claims in the lawsuit:
The lawsuit alleges the following causes of action on behalf of Kerker:
- Unpaid minimum wages under the Fair Labor Standards Act (“FLSA”) and the New York Labor Law (“Labor Law”). The Complaint alleges Kerker’s effective hourly rate was below the statutory minimum wage.
- Failure to pay the regular rate of pay under the Labor Law. The Complaint alleges Defendants did not pay Kerker his agreed upon regular rate of pay for all the hours he worked.
- Failure to reimburse expenses under the FLSA and the Labor Law. The Complaint alleges Defendants did not reimburse Kerker for various expenses he incurred as a result of performing his job duties.
- Failure to provide a proper wage statement with every wage payment under the Labor Law. The Complaint alleges Defendants failed to provide drivers with paystubs that complied with N.Y. Lab. Law § 195.3.
- Breach of Contract under New York Common Law. The Complaint alleges Defendants did not adhere to the terms of the offer of employment, which constitutes a binding contract, by failing to pay Kerker the agreed upon salary.
- On November 9, 2021, the Complaint was filed.
*This update is current as of February 4, 2022.