This case was last updated from U.S. District Courts on 12/02/2021 at 06:54:10 (UTC).

Garcia et al v. ABM Industry Groups, LLC et al

Case Summary

On December 1, 2021, Adalinda Garcia, Levis Barrientos, Jonathan Barrientos, Sterling Barrientos, and Ronald Balbuena, (collectively, “Plaintiffs”), on behalf of themselves and other similarly situated employees, represented by Mohammed Ahmed Gangat of Law Office of Mohammed Gangat, filed a labor lawsuit against ABM Industry Groups, LLC, and ABM Industries Incorporated (collectively, “ABM”, or “Defendants”) seeking compensatory and injunctive relief along with prejudgment and post-judgment interest and civil penalties for the alleged failure to pay Plaintiffs and the Proposed Collective members minimum wages in the lawful amount for all hours worked. This case was filed in the U.S. District Court in the Southern District of New York. 

 

In the complaint, Plaintiffs alleged that, “The core of Defendants’ violations revolves around their systematic failure to keep accurate time records, and their failure to pay employees based on the actual time worked, including any travel time between workplaces, but rather based upon the fixed number of hours for particular job assignments. In short, if an employee was sent to clean a site or do some other tasks on that site, ABM paid that employee for the fixed number of hours allocated by Defendants, regardless of the actual time required for the employee to perform his or her job duties.” 

 

Plaintiffs further alleged that, “in express violation of the FLSA and NYLL, Defendants failed to pay for any travel time for an employee’s travels between work sites, nor did Defendants pay for necessary travel expenses incurred by employees (i.e., mileage).”

 

Plaintiffs listed six claims for relief. The first claim is for the FLSA – Unpaid Minimum, and Overtime Wages. The second claim is for the NYLL – Unpaid Minimum, and Overtime Wages. The third claim is for NYLL - Annual Wage Notice and Periodic Wage Statements. The fourth claim is for NYLL – Failure to Timely Pay Wages. The fifth claim is for FLSA and NYLL – Retaliation. The sixth claim is for unjust enrichment

 

In the prayer for relief, Plaintiffs requested the court to certify this case as a class action. Further, Plaintiffs requested the court to award unpaid minimum wage and unpaid overtime compensation due under the FLSA and NYLL along with liquidated damages and compensatory damages with prejudgment and post-judgment interest. Plaintiffs further requested for an award of civil penalties pursuant to the New York State Wage Theft Prevention Act, an injunction requiring Defendants to pay all statutorily required wages pursuant to the FLSA and NYLL, and an award of the amounts by which Defendants were unjustly enriched as a result of Defendants’ failure to reimburse Plaintiffs for car-related expenses, and cleaning supplies and equipment expenses. Lastly, Plaintiffs requested the court for an award of costs and such other and further relief as the court determines to be just and proper. 

 

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Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    7:21-CV-10197

  • Filing Date:

    12/01/2021

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Labor - Labor Standard

 

Party Details

Plaintiffs

Adalinda Garcia

Levis Barrientos

Jonathan Barrientos

Sterling Barrientos

Ronald Balbuena

Defendants

ABM Industry Groups, LLC

ABM Industries Incorporated

Attorney/Law Firm Details

Plaintiff Attorney

Mohammed Ahmed Gangat

Attorney at Law Office of Mohammed Gangat

675 Third Avenueste 1810

New York, NY 10017

 

Court Documents

#1

(#1) COMPLAINT against ABM Industries Incorporated, ABM Industry Groups, LLC. (Filing Fee $ 402.00, Receipt Number ANYSDC-25406267)Document filed by Adalinda Garcia, Sterling Barrientos, Jonathan Barrientos, Levis Barrientos, Ronald Balbuena..(Gangat, Mohammed) (Entered: 12/01/2021)

#2

(#2) CIVIL COVER SHEET filed..(Gangat, Mohammed) (Entered: 12/01/2021)

#3

(#3) REQUEST FOR ISSUANCE OF SUMMONS as to ABM Industry Groups, LLC; ABM Industries Incorporated, re: #1 Complaint,. Document filed by Ronald Balbuena, Jonathan Barrientos, Levis Barrientos, Sterling Barrientos, Adalinda Garcia..(Gangat, Mohammed) (Entered: 12/01/2021)

#4

(#4) CONSENT TO SUE UNDER THE F.L.S.A.. Document filed by Adalinda Garcia..(Gangat, Mohammed) (Entered: 12/01/2021)

#5

(#5) CONSENT TO SUE UNDER THE F.L.S.A.. Document filed by Levis Barrientos..(Gangat, Mohammed) (Entered: 12/01/2021)

#6

(#6) CONSENT TO SUE UNDER THE F.L.S.A.. Document filed by Jonathan Barrientos..(Gangat, Mohammed) (Entered: 12/01/2021)

#7

(#7) CONSENT TO SUE UNDER THE F.L.S.A.. Document filed by Sterling Barrientos..(Gangat, Mohammed) (Entered: 12/01/2021)

#8

(#8) CONSENT TO SUE UNDER THE F.L.S.A.. Document filed by Ronald Balbuena..(Gangat, Mohammed) (Entered: 12/01/2021)

 

Docket Entries

  • 12/01/2021
  • View Court Documents
  • Docket(#8) CONSENT TO SUE UNDER THE F.L.S.A.. Document filed by Ronald Balbuena..(Gangat, Mohammed) (Entered: 12/01/2021)

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  • 12/01/2021
  • View Court Documents
  • Docket(#7) CONSENT TO SUE UNDER THE F.L.S.A.. Document filed by Sterling Barrientos..(Gangat, Mohammed) (Entered: 12/01/2021)

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  • 12/01/2021
  • View Court Documents
  • Docket(#6) CONSENT TO SUE UNDER THE F.L.S.A.. Document filed by Jonathan Barrientos..(Gangat, Mohammed) (Entered: 12/01/2021)

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  • 12/01/2021
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  • Docket(#5) CONSENT TO SUE UNDER THE F.L.S.A.. Document filed by Levis Barrientos..(Gangat, Mohammed) (Entered: 12/01/2021)

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  • 12/01/2021
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  • Docket(#4) CONSENT TO SUE UNDER THE F.L.S.A.. Document filed by Adalinda Garcia..(Gangat, Mohammed) (Entered: 12/01/2021)

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  • 12/01/2021
  • View Court Documents
  • Docket(#3) REQUEST FOR ISSUANCE OF SUMMONS as to ABM Industry Groups, LLC; ABM Industries Incorporated, re: #1 Complaint,. Document filed by Ronald Balbuena, Jonathan Barrientos, Levis Barrientos, Sterling Barrientos, Adalinda Garcia..(Gangat, Mohammed) (Entered: 12/01/2021)

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  • 12/01/2021
  • View Court Documents
  • Docket(#2) CIVIL COVER SHEET filed..(Gangat, Mohammed) (Entered: 12/01/2021)

    Read MoreRead Less
  • 12/01/2021
  • View Court Documents
  • Docket(#1) COMPLAINT against ABM Industries Incorporated, ABM Industry Groups, LLC. (Filing Fee $ 402.00, Receipt Number ANYSDC-25406267)Document filed by Adalinda Garcia, Sterling Barrientos, Jonathan Barrientos, Levis Barrientos, Ronald Balbuena..(Gangat, Mohammed) (Entered: 12/01/2021)

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