Ballast v. Workforce 7 Inc.

Construction Flaggers May Amend Complaint in Wages Suit Against Employer, Con Ed

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

OPINION & ORDER Victor Ballast and Luis Simone (together, “Plaintiffs”) bring this collective and class action on behalf of all similarly situated construction site flaggers against Workforce7 Inc. (“Workforce7″), Consolidated Edison Company of New York, Inc. (“Con Ed”), Vali Industries, Inc. (“Vali”), and individual defendant Ronald Hilton (with Workforce7, Con Ed, and Vali, collectively, “Defendants”). Plaintiffs allege Defendants failed to pay minimum wage and overtime in violation of the Fair Labor Standards Act (“FLSA”), 29 U.S.C. §§206-07, and various provisions of New York Labor Law (“NYLL”). Doc. 69 (Amended Complaint, “Am. Compl.”). Before the Court is Plaintiffs’ motion to join parties and to further amend the Amended Complaint. Doc. 264. Plaintiffs seek to join Richard Walker and Orlando Obret as named plaintiffs and remove Marquis Richardson, who was terminated from the action on May 4, 2022 (Doc. 246). In addition, Plaintiffs move to amend the operative Amended Complaint to: (1) remove Richardson’s allegations; (2) add allegations on behalf of Walker and Obret; (3) add certain factual allegations concerning Plaintiffs’ preexisting FLSA and NYLL claims; (4) “clarif[y]” that Plaintiffs seek liquidated damages on a preexisting claim; (5) “ conform[] Plaintiffs’ collective definition to that certified by the court;” and (6) modify the definition of a proposed subclass that Plaintiffs have not yet moved to certify. Doc. 265 at 5-6; see also Doc. 265-3 (Plaintiff’s Proposed Second Amended Complaint, “PSAC”). For the reasons set forth below, Plaintiffs’ motion is GRANTED. I. BACKGROUND A. Factual Background Ballast and Simone worked as construction flaggers¹for Defendants from approximately February 2019 through April 2019. Am. Compl.

106, 120. Walker and Obret likewise worked as construction flaggers for Defendants — Obret from approximately August 2017 to April 2021, and Walker as a flagger from approximately June 2017 to July 2018 and thereafter as a supervisor until approximately February 2021. PSAC

Ballast v. Workforce 7 Inc.

Construction Flaggers May Amend Complaint in Wages Suit Against Employer, Con Ed

Share with Email

Thank you for sharing!

Trending Stories

More From ALM

Subscribe to New York Law Journal