![]() ![]() Meanwhile, Opt-In Plaintiff Kevin Kern worked only nine days total for Cardo during the relevant time period. 257:11-16.) He completed work for Cardo as a sole proprietor and signed an agreement characterizing his relationship with Cardo as one of an independent contractor. (Deposition of Fred Adami ("Adami Dep.") 113:4-12.) Adami primarily completed work orders in New Jersey. Named Plaintiff Fred Adami has alleged that he worked 10 to 12 hours per day installing windows for Cardo from March 2001 to June 2012. ("Cardillo Cert.") ¶ 4.) Defendants contend that each of the five different facilities operates on its own schedule and is operated by different people. (Certification of Christopher Cardillo, Sr. 149:8-18.) Cardo maintains warehouses and sales facilities in Mount Laurel, New Jersey Cedar Grove, New Jersey Mechanicsburg, Pennsylvania East Berlin, Connecticut and Boston, Massachusetts. Arce on Janu("Arce Dep.") 149:3-7.) Cardo sells and installs windows in multiple states including New Jersey, Pennsylvania, Delaware, Massachusetts, Rhode Island, Vermont, New Hampshire, Connecticut, New York, and Ohio. ("Cardo") does business under the trademark, "Castle the Window People." (Deposition of Roderick J. Factual Backgroundĭefendant, Cardo Windows, Inc. ![]() The Court previously granted Plaintiffs' motion for conditional certification of a collective action under the Fair Labor Standards Act but for the reasons discussed below, the Court will now decertify Plaintiff's collective action. Plaintiff Fred Adami maintains claims for unpaid overtime and all other relief they are due under the Fair Labor Standards Act, the New Jersey State Wage and Hour Law, and the New Jersey Construction Industry Independent Contractor Act, as well as a claim for unjust enrichment. This action arises from Defendants' alleged mischaracterization of its window installers as independent contractors. Only one named Plaintiff (Fred Adami) and two Opt-In Plaintiffs remain. This matter comes before the Court on Plaintiff's 1 motion for final certification of an FLSA collective action. HOMANS, FLASTER GREENBERG PC.įRED ADAMI, Counter Defendant, represented by RICHARD S. HOMANS, FLASTER GREENBERG PC.ĬHRISTOPHER CARDILLO, SR., Counter Claimant, represented by ERIC ROBERT CLENDENING, FLASTER/GREENBERG PC & MICHAEL D. BELMONTE, Counter Claimant, represented by ERIC ROBERT CLENDENING, FLASTER/GREENBERG PC & MICHAEL D. PAT TRICOCCI, Counter Claimant, represented by ERIC ROBERT CLENDENING, FLASTER/GREENBERG PC & MICHAEL D. NICHOLAS CARDILLO, Counter Claimant, represented by ERIC ROBERT CLENDENING, FLASTER/GREENBERG PC & MICHAEL D. HOMANS, FLASTER GREENBERG PC.ĬARDO WINDOWS, INC., Counter Claimant, represented by ERIC ROBERT CLENDENING, FLASTER/GREENBERG PC & MICHAEL D. HOMANS, FLASTER GREENBERG PC.ĬHRISTOPHER CARDILLO, JR., Counter Claimant, represented by ERIC ROBERT CLENDENING, FLASTER/GREENBERG PC & MICHAEL D. RODERICK J ARCE', Interested Party, represented by MICHAEL ALAN KATZ, Paul & Katz, P.C.ĮDWARD JONES, Counter Claimant, represented by ERIC ROBERT CLENDENING, FLASTER/GREENBERG PC & MICHAEL D. RODERICK J ARCE', Interested Party, Pro Se. HOMANS, FLASTER GREENBERG PC & RICHARD S. ![]() TIMOTHY NAGLE, Defendant, represented by MICHAEL D. NICHOLAS BRUCATO, Defendant, represented by ERIC ROBERT CLENDENING, FLASTER/GREENBERG PC & MICHAEL D. GOODKIND, FLASTER/GREENBERG PC & MICHAEL D. PAT TRICOCCI, Defendant, represented by ERIC ROBERT CLENDENING, FLASTER/GREENBERG PC, KENNETH S. BELMONTE, Defendant, represented by ERIC ROBERT CLENDENING, FLASTER/GREENBERG PC, KENNETH S. HOMANS, FLASTER GREENBERG PC.ĮDWARD JONES, Defendant, represented by ERIC ROBERT CLENDENING, FLASTER/GREENBERG PC, KENNETH S. NICHOLAS CARDILLO, Defendant, represented by ERIC ROBERT CLENDENING, FLASTER/GREENBERG PC, KENNETH S. HOMANS, FLASTER GREENBERG PC.ĬHRISTOPHER CARDILLO, JR., Defendant, represented by ERIC ROBERT CLENDENING, FLASTER/GREENBERG PC, KENNETH S. HOMANS, FLASTER GREENBERG PC.ĬHRISTOPHER CARDILLO, SR., Defendant, represented by ERIC ROBERT CLENDENING, FLASTER/GREENBERG PC, KENNETH S. HANNYE, HANNYE LLC.ĬARDO WINDOWS, INC., Defendant, represented by ERIC ROBERT CLENDENING, FLASTER/GREENBERG PC, KENNETH S. FRED ADAMI, Plaintiff, represented by RICHARD S. ![]()
0 Comments
Leave a Reply. |
AuthorWrite something about yourself. No need to be fancy, just an overview. ArchivesCategories |