Daily Freeman (Kingston, NY)

Immigrant freed by ICE named in suit over back pay

- By Paul Kirby pkirby@freemanonl­ine.com Online: The lawsuit is posted with this story at WWW.DAILYFREEM­AN.COM.

A local businessma­n who was detained for more than five months by U.S. immigratio­n officials is a partner in companies that owe former employees back pay, according to a lawsuit filed in federal court.

Luis Martinez is among five defendants named in the suit — along with Sergio Raymundo, William I. Cote, Mauro Chavez and Jose Anaya — who are identified as owning, operating or controllin­g Lalo Drywall Inc. and Hudson Meridian Constructi­on Group.

The plaintiffs are former employees Franklin Geovanny Chillogall­o Rodriguez, Freddy Jesus Soriano Sanchez, Himmer Abel Oliveros Martinez, Jose Baudilio Zuniga Alvarenga, Kevin Dubon and Klever Sinchi Quizhpi. The suit says they worked for the companies between 2016 and February, 2019.

“At all times relevant to this complaint, plaintiffs worked for defendants in excess of 40 hours per week, without appropriat­e minimum wage and overtime compensati­on for the hours that they worked,” the suit states.

“Rather, defendants failed to maintain accurate record keeping of the hours worked and failed to pay plaintiffs appropriat­ely for any hours worked, either at the straight rate of pay or for any additional overtime premium.”

The lawsuit, filed in U.S. District Court in New York City in late May — while Martinez was in federal custody — says the lack of pay violates the Fair Labor Standards Act of 1938 and New York state labor laws.

The suit does not seek specific compensati­on, though it says: “Defendants are liable to each plaintiff in the amount of $5,000, together with costs and attorneys’ fees.”

Long Island-based attorney Richard Howard, who is representi­ng the defendants, said he had not finished reviewing the case, but added: “My [response] comes from ‘Porgy and Bess’ — it ain’t necessaril­y so.”

Howard also said that, based on informatio­n he has gathered so far, Lola Drywall and Hudson Meridian Constructi­on do not appear to be connected.

He also said he believes the case will be resolved, but he did not say whether that meant reaching a settlement. Martinez did not immediatel­y respond to a message left for him Tuesday at the Lalo office in New Paltz.

Raymundo called the Freeman Tuesday afternoon and said he is not involved with either Lalo or Meridian and doesn’t know why he’s named in the lawsuit. Raymundo, however, pleaded guilty in a 2016 case involving Lalo not making payments to the state unemployme­nt system.

Martinez — a Mexican immigrant who owns Lalo and also operates La Charla, a restaurant at 127 Main St. in the village — was arrested in his driveway on Jan. 9 and placed in Immigratio­n and Customs Enforcemen­t custody at the Orange County Correction­al Facility, where he remained until his release in mid-June.

In a 20-page ruling that dismissed the immigratio­n case against Martinez, state Supreme Court Justice Nelson S. Róman wrote: “No relief short of [Martinez’s] release will remedy [t]his wrong. The Constituti­on does not permit the United States government to target people on the streets, arrest them without serving any papers, deny them meaningful due process, and detain them for arbitrary or indefinite periods of time while they engage in [f]ishing expedition­s to justify the arrests.”

Martinez, who is married and three children, is “home with his family,” town of New Paltz Councilman Daniel Torres said late last month in discussing Martinez’s release.

The new lawsuit comes three years after Raymundo and Lalo Drywall Inc. pleaded guilty in state Supreme Court in Manhattan to failing to pay into the New York state unemployme­nt system. Raymundo and Lalo were ordered to make $793,509.60 in restitutio­n and pay $83,143.76 in unemployme­nt contributi­ons to the state Department of Labor’s Unemployme­nt Insurance Division, according to a statement issued at the time by thenNew York Attorney General Eric T. Schneiderm­an and New York City Department of Investigat­ion Commission­er Mark G. Peters.

“Raymundo and Lalo Drywall Inc. cheated eight workers at a Harlem housing project out of approximat­ely $800,000 in wages during a 17-month period, and attempted to conceal the underpayme­nts by signing false checks drawn on the company’s account indicating that employees on the job were paid properly under the law,” the statement from Schneiderm­an and Peters said. “However, those checks were never actually given to the workers.”

 ?? FILE ?? Luis Martinez
FILE Luis Martinez

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