Proposed Collective Action Filed Against JNS Carwash Over Allegedly Unpaid OT

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JNS Carwash and its two individual owners are the defendants in a proposed collective action filed in New York by a former employee seeking allegedly unpaid wages.

The plaintiff was employed as a “general helper” at the Hawthorne, New York, car wash from March 2017 to April 2018, where he regularly worked between 45 and 65 hours each week, the lawsuit alleges. The former employee claims that during his tenure he was paid at a rate of nine dollars an hour, which also applied to overtime hours for which he should have received a time-and-a-half pay rate under federal and state labor law. As such, the plaintiff’s effective pay rate fell below the required minimum wage for each hour worked, the complaint claims.

The case further alleges the plaintiff was deprived of spread-of-hours pay for shifts exceeding 10 hours, as well as proper wage statements, both of which are required under New York law.