New York Landscaping Co., Owners Facing Unpaid Overtime Claims

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A proposed class and collective action alleging violations of the Fair Labor Standards Act (FLSA) and New York Labor law has been filed by a former employee against MD Gardens Corp., M & D Landscaping and Gardening Corp., M & D Nursey and Equipment Corp., and the companies’ three owners. Filed on behalf of landscapers who work or have worked for the defendants, the case claims the plaintiff and proposed collective/class members were never paid proper time-and-a-half overtime wages for hours worked over 40 each workweek. The plaintiff, who the lawsuit says worked 10 months out of the year for the defendants performing public works landscaping jobs, further alleges the defendants never provide him and other current and former workers with proper written notice of their pay rates, nor kept mandatory payroll records.