P&M Live Poultry Sued Over Alleged Unpaid Wages and Retaliation

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P&M Live Poultry Inc., and three individuals are the defendants in a proposed class action lawsuit filed by a New York man who claims the defendants failed to pay him proper wages and fired him in retaliation for having one of his fellow employees arrested. The plaintiff says he worked for the defendants approximately 54 hours per week and was paid a flat rate of $75 per day, regardless of how many hours he worked, and without overtime compensation for hours worked in excess of 40. He argues that his hourly rate of pay was calculated to be $8.33, which was less than the New York minimum wage at the time of his employment. The complaint further claims that the plaintiff was not provided with the required wage statements that recorded his hours and rate of pay. He says he complained to his employers about the alleged wage violations on several occasions, but they “failed to take any action or provide any recourse.”

Furthermore, the suit claims another employee “charged” the plaintiff with a knife after they had been engaged in a verbal dispute on the job. He says he immediately informed the defendants of the incident, but when they failed to take disciplinary action, the plaintiff contacted the police. The other employee was arrested, and the plaintiff was fired the next day, according to the complaint.

The complaint cites violations of the Fair Labor Standards Act and various provisions of the New York Labor Law.