Former Coast to Coast Installer Seeking Overtime
Pay Amends Complaint to Pursue Collective/Class Action
February 4, 2011
Raymond Nelson Mejia, a former installer for Coast to Coast Auto
Glass who filed
suit against the company in November has amended his original
complaint to include "others similarly situated" and is
attempting to pursue a collective/class action suit against the
company. Mejia alleges that the company regularly requires installers
to work more than 40 hours per week, but refuses to pay overtime,
"often paying on a 'per-piece' basis with no additional premiums
for overtime worked."
In the amended
complaint, filed last week in a New York federal court, Mejia
makes a "claim for relief as a collective action" under
the Fair Labor Standards Act (FLSA) "on behalf of all non-exempt
individuals employed by the defendant on or after the date three
years before the filing of the
"The FLSA Collective Plaintiffs are similarly situated, in
that they have substantially similar job duties, have been subject
to a common pay practices and decisions on the part of the defendant,"
writes Mejia's counsel, Penn Dodson of the law firm of Goldberg
and Dohan LLP.
Mejia proposes that his Second Claim for Relief as a Class Action,
filed under the New York Labor Law (NLL), apply to "all non-exempt
individuals employed by the defendant on or after the date six years
before the filing."
The amended complaint suggests that there "are easily more
than fifty (50) individuals in the proposed NYLL class," and
claims that a class action suit would be beneficial to all of them.
"In wage and hour litigation involving low-wage workers in
particular, the individual class members more often than not lack
the financial, language, time and other resources to vigorously
prosecute a lawsuit against a defendant having a superior bargaining
position," writes Dodson. "A class action will allow those
similarly situated to prosecute their common claims together and
minimize the need for duplicative efforts expended on their behalf."
In addition to Mejia's overtime claims, he also charges Coast to
Coast with "record-keeping failures," stating that the
company "failed to make, keep and preserve accurate records
regarding the wages, hours and other conditions of employment."
He further alleges that the company violates the NLLL by "[failing]
to provide [him] and others similarly situated at least thirty minutes
for the noon day meal" on days in which shifts of more than
six hours extending over the 11 a.m. to 2 p.m. meal timeframe are
Likewise, Mejia claims that when Coast to Coast installers work
a shift that starts before 11 a.m. and continues past 7 p.m., they
should be provided "an additional meal period of at least 20
minutes between 5 p.m. and 7 p.m."
Mejia is seeking certification as a collective action and class
action suit; unpaid wages and overtime allegedly due for himself
and others similarly situated; liquidated damages in the amount
of the claimed "unpaid FLSA wages;" appropriate interest;
and court costs and attorneys' fees.
No other plaintiffs have been named in the complaint.
This is the second suit filed against Coast to Coast related to
such claims; the first was filed in October by a former Florida
sales representative, Ulysses Mejia, and was
resolved outside of court in late November. During an interview
in late-November, Dodson advised glassBYTEs.com/AGRR
magazine that she was unaware of whether Raymond Nelson Mejia and
Ulysses Mejia are related.
At press time, Dodson had not responded to requests for comment
to the latest update in the case.
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