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LOUISIANA RECORD

Monday, November 4, 2024

Former Employees Allege Construction Company Violated Labor Laws

Federal Court
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Jane Triche Milazzo, District Judge at USDC Eastern District Louisiana | https://upload.wikimedia.org/wikipedia/

In a compelling legal battle, two former employees have filed a lawsuit against their previous employer, alleging violations of labor laws and seeking justice for unpaid wages. On October 25, 2024, Gerson Arzu and Leonardo Cruz filed a complaint in the United States District Court for the Eastern District of Louisiana against B & Z, LLC, along with its managers Bladimir Baldelamar and Francisco Zambrano Jr.

The plaintiffs, Gerson Arzu and Leonardo Cruz, are residents of Jefferson Parish, Louisiana. They claim that during their employment with B & Z, LLC—a construction company—they were subjected to unlawful pay practices. According to the complaint, Arzu began working for the defendants on July 4, 2022, while Cruz joined on September 17, 2023. Both were employed as manual laborers tasked with construction duties such as installing sheetrock and roofing on residential projects. Despite working long hours—often exceeding 48 hours per week—the plaintiffs allege they were never compensated for overtime work beyond the standard 40-hour workweek.

The crux of the lawsuit centers around allegations that B & Z, LLC engaged in a systematic practice of denying employees their rightful overtime pay. The complaint asserts that "Defendants’ decision to pay manual laborers working on its projects for straight time only at an hourly rate of pay and failing to pay overtime" was not an isolated incident but rather a company-wide policy. This alleged violation of the Fair Labor Standards Act (FLSA) forms the basis of their federal claims.

Additionally, Arzu claims he was wrongfully terminated following an injury sustained on May 22, 2024. He further alleges that he was not paid for his final days of work prior to termination—a violation under the Louisiana Wage Payment Act (LWPA). The plaintiffs seek various forms of relief from the court including unpaid wages and overtime compensation, liquidated damages under FLSA provisions, penalties under LWPA statutes for Arzu's unpaid wages post-termination, as well as attorney’s fees and costs associated with bringing this action forward.

Representing Arzu and Cruz is attorney Kenneth C. Bordes from New Orleans-based law firm Kenneth C. Bordes Attorney at Law LLC. The case has been assigned Civil Action No: 24-cv-2555 but details regarding judges presiding over this matter remain undisclosed at this stage.

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