Former Coast to Coast Installer Seeking Overtime Pay in Settlement Discussions with Company, According to Court Documents
March 31, 2011
Raymond Nelson Mejia, a former installer for Coast to Coast Auto Glass who filed suit against the company in November and recently amended his complaint to pursue a class action, currently is in settlement discussions with the company, according to court documents.
Marc S. Wenger of Jackson Lewis LLP, filed a motion on March 14 seeking additional time to respond to the complaint; a deadline of April 15 was requested, and has been granted.
“The parties actively are involved in settlement discussions and request this extension with plaintiffs’ consent to permit the parties to conclude their negotiations,” writes Wenger.
In the complaint, Mejia had alleged that he and “others similarly situated” have been required to work more than 40 hours per week as installers, but that the company doesn’t pay overtime, and "often pay[s] on a 'per-piece' basis with no additional premiums for overtime worked."
Mejia had proposed 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 suggested that there "are easily more than fifty (50) individuals in the proposed NYLL class," and claimed that a class action suit would be beneficial to all of them.
Likewise, Mejia had claimed 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."
No other plaintiffs have been named in the suit.
Wenger declined to comment further on the discussions, and at press time, Penn Dodson of Goldberg & Dohan LLP, representing Mejia, had not responded to requests for comment.
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 and was resolved outside of court in late November.
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