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Plaintiff Saul Marcelo Cuzco filed a class action against Jan Kvas and Orion Builders, Inc., alleging violations of the FLSA and NYLL for unpaid overtime, minimum wage, and timely wage payments, along with spread of hours wages. The court granted in part Plaintiffs' motion for summary judgment on FLSA claims, finding them entitled to unpaid minimum and overtime wages but not late payment compensation. Defendants' motion for summary judgment on FLSA claims was denied. The court also granted Plaintiffs' motion for class certification for their NYLL claims, determining commonality, numerosity, typicality, and adequacy of representation were met for a class of construction or carpentry workers employed by Defendants from September 1, 2002, through December 31, 2005. The cross-motions for summary judgment on the NYLL claims were denied without prejudice, pending notice to the class.
Cuzco v. Orion Builders, Inc. is a workers' compensation case decided in District Court, S.D. New York. This case addresses legal issues related to compensation claims, benefits, and court rulings.
It is commonly referenced in legal research involving workers' compensation laws in District Court, S.D. New York.
Full Decision Text1 Pages
Plaintiff Saul Marcelo Cuzco filed a class action against Jan Kvas and Orion Builders, Inc., alleging violations of the FLSA and NYLL for unpaid overtime, minimum wage, and timely wage payments, along with "spread of hours" wages. The court granted in part Plaintiffs' motion for summary judgment on FLSA claims, finding them entitled to unpaid minimum and overtime wages but not late payment compensation. Defendants' motion for summary judgment on FLSA claims was denied. The court also granted Plaintiffs' motion for class certification for their NYLL claims, determining commonality, numerosity, typicality, and adequacy of representation were met for a class of construction or carpentry workers employed by Defendants from September 1, 2002, through December 31, 2005. The cross-motions for summary judgment on the NYLL claims were denied without prejudice, pending notice to the class.
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