Metalline Fire Door Co. Burned with OT Pay, Discrimination Suit

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A proposed collective action filed on behalf of current and former factory workers against Bronx, New York-based Metalline Fire Door Co., Inc. and two individuals claims the door maker and wholesaler failed to pay the employees mandatory time-and-a-half overtime. The plaintiff, who the case says worked for the defendants from 1999 through February 2017, claims the Fair Labor Standards Act (FLSA) and New York Labor Law (NYLL) were violated with the defendants’ alleged policy and practice of refusing to properly compensate non-exempt employees who put in more than 40 hours of work each week. The plaintiff claims he worked between 50 and 60 hours per week without being paid time-and-a-half hourly overtime.

In addition to claims of unpaid overtime wages are allegations that the defendants discriminated against the plaintiff due to his disability stemming from a December 2016 hernia surgery. The plaintiff claims that after the procedure, he was visited in the hospital by one of the individual defendants, who told him “he needed him back at work soon.”

When the plaintiff returned to work, the lawsuit continues, he was reportedly told he needed a doctor’s note clearing him to return, which the plaintiff produced in February 2017. Along with a Notice of Disability Benefit claim form, the plaintiff presented the doctor’s note to one of the individual defendants, at which time he was told he had been replaced and would not be paid to “paint or perform other manual work that he could not fully perform,” according to the suit.