Montes v. County Comfort Home Solutions Inc.

OPINION & ORDER Plaintiff Omar Montes (“Montes”), on behalf of himself and similarly situated employees, brought this Action against Defendants County Comfort Home Solutions, Inc. (“CCHS”), and CCHS’ owner, Joseph Jensen (“Jensen), pursuant to the Fair Labor Standards Act of 1938 (“FLSA”), 29 U.S.C. §201 et seq., the New York Labor Law (“NYLL”), §190 et seq., 26 U.S.C. §7434, and the New York State Human Rights Law (“NYHRL”), §290 et seq. (See generally Compl. (Dkt. No. 1).) The Parties now seek approval of their proposed settlement. (See Dkt No. 24-1.) For the reasons that follow, the Parties’ Motion for Approval of Proposed Settlement is denied. I. Background A. Factual Background Plaintiff is a former HVAC technician for CCHS, a general contractor that provides, inter alia, HVAC and heating services. (Compl.

6, 10, 26.) Plaintiff’s responsibilities included mechanical maintenance, inspection, repair, installation, alteration, and removal of HVAC, refrigeration, and related systems; performing preventive maintenance and routine servicing of equipment; unloading and organizing mechanical equipment delivered to CCHS’ facilities; and driving CCHS’ employees to and from work sites. (Id. 27.) Plaintiff was employed by CCHS from approximately May 1, 2016, through October 3, 2022, and from July 17, 2023, through October 2023. (Id. 26; Mot. for Settlement Approval (“SA Mem.”) (Dkt. No. 24) 1 (indicating that Plaintiff’s employment ended around October 2023).) Plaintiff alleges that throughout his employment with CCHS, he regularly worked over 40 hours per week and was always compensated $30 per hour. (See id.