Summary of the Lawsuit

This lawsuit alleges that J’s Drywall and JER Construction failed to pay their employees the minimum wage, the required amount for overtime and failed to pay their employees all wages earned.  Plaintiffs filed this suit on behalf of themselves and all other similarly situated employees who worked for J.E.R. Construction, LLC, J’s Drywall, Inc., Jose Flores, Ruben Sanchez, Eligio Baltierra, or Javier Diaz.

Summary of the Claims

The Complaint alleges claims under the federal Fair Labor Standards Act (“FLSA”) and the District of Columbia Minimum Wage Revision Act (“DC Minimum Wage Act”).

Plaintiffs contend that they and other employees are owed overtime pay and unpaid wages under the FLSA and the DC Minimum Wage Act, among other laws.  Specifically, Plaintiffs allege that J.E.R. Construction, LLC and J’s Drywall, Inc., and the owners of those companies, failed to pay employees the required premium for overtime hours, failed to pay employees minimum wage, and failed to pay employees all wages earned.  Plaintiffs allege that these payment policies remained constant for all employees performing similar work as Plaintiffs.  Plaintiffs allege that they, and all employees similarly situated, are entitled to recover unpaid wages, liquidated damages (equal to the unpaid wages), interest, attorneys’ fees, and costs associated with bringing this lawsuit.

Collective Action

On May 2, 2013, the United States District Court for the District of Columbia certified a Collective Action under the FSLA that includes all workers employed by the named defendants between January 1, 2010, and December 31, 2010, who were not paid at their regular hourly rate for regular hours and/or were not paid at a rate of one and one-half times the regular rate of pay for overtime hours.  In order to participate in this lawsuit, you must contact Plaintiffs’ counsel and state that you want to opt-into this litigation.  If you do not complete the necessary paperwork, you will not be a part of this litigation and will not be affected by any judgment or settlement.  If you are a member of this collective action, you may assert claims to collect unpaid wages regardless of whether you are or were legally able to work in the United States. 

Status of the Litigation

The Complaint, entitled Robert Aguilar Delgadillo, et al v. J.E.R. Construction LLC, et al., Civil Action No. 12-540 (D.D.C) was filed on April 6, 2012.   In August 2013, Plaintiffs entered into a settlement agreement with Defendants Rueben Sanchez, Eligio Baltierra, and Javier Diaz.  Those defendants paid $60,000 to settle the claims of Plaintiffs and the other collective action members.  On October 20, 2014, the Court entered a default judgment against Defendants J’s Drywall and Jose Flores.  Magistrate Judge John M. Facciola found that “plaintiffs have established the damages they are due” and “are entitled to judgment against defendants.”

Whom To Contact For More Information

If you are a member of the proposed class or you have information which might assist us in the prosecution of these allegations, please contact one of the following persons:

Jordan Hill, Paralegal
Cohen Milstein Sellers & Toll PLLC
1100 New York Avenue, N.W., Suite 500
Washington, D.C. 20005
Telephone:  888-240-0775 (Toll Free) or 202-408-4600