Exhibit,Appendix: Brian Jackson v. Ferguson Enterprises, Llc

On May 08, 2023 a Exhibit,Appendix was filed involving a dispute between Brian Jackson, and Ferguson Enterprises, Llc, for Torts - Other (New York Labor Law claims) in the District Court of Nassau County.

Preview
FILED: NASSAU COUNTY CLERK 10/11/2023
05/08/2023 05:18
05:07 PM INDEX NO. 607329/2023
NYSCEF DOC. NO. 19
1 RECEIVED NYSCEF: 10/11/2023
05/08/2023

SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NASSAU
-----------------------------------------------------------------------X
BRIAN JACKSON, on behalf of himself and all other
persons similarly situated, Index No.:

Plaintiff,
SUMMONS
-against-

FERGUSON ENTERPRISES, LLC, The basis of venue is
CPLR § 501.
Defendant.
-----------------------------------------------------------------------X

TO THE ABOVE-NAMED DEFENDANT:

YOU ARE HEREBY SUMMONED to answer the complaint in this action and to serve

a copy of your answer, or if the complaint is not served with this summons to serve a notice of

appearance, on the Plaintiff’s attorney within 20 days after the service of this summons exclusive

of the day of service, where service is made by delivery upon you personally within the state, or

within 30 days after completion of service where service is made in any other manner. In case of

your failure to appear or answer, judgment will be taken against you by default for the relief

demanded in the complaint.

Dated: Hauppauge, New York
May 8, 2023

LAW OFFICE OF PETER A. ROMERO PLLC
Attorneys for Plaintiff
490 Wheeler Road, Suite 250
Hauppauge, New York 11788
Tel.: (631) 257-5588

By: ______________________________
DAVID D. BARNHORN, ESQ.
PETER A. ROMERO, ESQ.

1 of 11
FILED: NASSAU COUNTY CLERK 10/11/2023
05/08/2023 05:18
05:07 PM INDEX NO. 607329/2023
NYSCEF DOC. NO. 19
1 RECEIVED NYSCEF: 10/11/2023
05/08/2023

TO: FERGUSON ENTERPRISES, LLC
12500 Jefferson Avenue
Newport News, VA 23602

2 of 11
FILED: NASSAU COUNTY CLERK 10/11/2023
05/08/2023 05:18
05:07 PM INDEX NO. 607329/2023
NYSCEF DOC. NO. 19
1 RECEIVED NYSCEF: 10/11/2023
05/08/2023

-against- CLASS ACTION
COMPLAINT
FERGUSON ENTERPRISES, LLC,

Defendant.
-----------------------------------------------------------------------X

Plaintiff, BRIAN JACKSON (“Plaintiff”), on behalf of himself and all other persons

similarly situated, by and through his attorneys, the Law Office of Peter A. Romero PLLC,

complaining of the Defendant, FERGUSON ENTERPRISES, LLC (“Defendant”), alleges as

follows:

NATURE OF THE ACTION

1. Plaintiff brings this action on behalf of himself and similarly-situated current and

former employees of Defendant who worked for Defendant in the State of New York pursuant to

Civil Practice Law and Rules (“CPLR”) § 901 et seq. to recover statutory damages for violations

of New York Labor Law § 191 (“New York Labor Law”).

2. Defendant is the nation’s largest wholesale distributor of residential and

commercial plumbing supplies and pipe valves and fittings, with more than 1,600 locations and 10

distribution centers across the United States.

3. In fiscal year 2021, Defendant had revenue in excess of $20 billion.

4. Defendant operates approximately 39 locations in the State of New York.

5. At all relevant times, Defendant compensated Plaintiff and other similarly situated

persons who worked in hourly paid positions in the State of New York including, but not limited

3 of 11
FILED: NASSAU COUNTY CLERK 10/11/2023
05/08/2023 05:18
05:07 PM INDEX NO. 607329/2023
NYSCEF DOC. NO. 19
1 RECEIVED NYSCEF: 10/11/2023
05/08/2023

to, warehouse associates and yard workers, shop pipe welders, delivery drivers, and counter sales

representatives, on a bi-weekly basis in violation of NYLL § 191.

6. Defendant employs warehouse associates and yard workers, shop pipe welders,

delivery drivers, and counter sales representatives who spend more than twenty-five percent of

their work time performing physical tasks and are manual workers within the meaning of the

NYLL. Warehouse associates operate a stand-up forklift; pull and prepare customer orders; build,

wrap, sort and transport pallets and packages; and maintain the cleanliness of the facility. Shop

pipe welders set up and maintain machines in the shop for pipe fabrication, cut pipe with tools,

thread pipe, move loose and/or bundled pipe from various locations within the pipe yard, assemble

pipe order, and maintain supplies in an organized manner. Delivery drivers drive delivery

vehicles to transport parts to commercial customers, including the loading and unloading of parts.

Counter sales representatives operate cash registers, maintain the cleanliness of the store, prepare

orders for customer pick up and ensure that merchandise is restocked and placed in their

respective areas.

7. Defendant failed to properly pay Plaintiff and other hourly-paid manual workers

their wages within seven calendar days after the end of the week in which these wages were earned.

Thus, Defendant failed to provide timely wages to Plaintiff and all other similar manual workers.

8. Store managers, and others with executive positions, who are paid fixed salaries,

are not members of the classes that Plaintiff seeks to represent in this action.

PARTIES

9. Plaintiff is a resident of the State of New York.

10. At all times relevant, Plaintiff was an “employee” within the meaning of NYLL §

190(2) and a “manual worker” within the meaning of NYLL § 190(4).

4 of 11
FILED: NASSAU COUNTY CLERK 10/11/2023
05/08/2023 05:18
05:07 PM INDEX NO. 607329/2023
NYSCEF DOC. NO. 19
1 RECEIVED NYSCEF: 10/11/2023
05/08/2023

11. Defendant is a limited liability company organized and existing under the laws of

the State of Virginia, where it maintains its principal place of business. Defendant’s sole member

is Ferguson US Holdings, Inc., a Virginia corporation whose principal place of business is in

Virginia.

12. At all times relevant, Defendant was an “employer” within the meaning of NYLL

§ 190(3).

FACTUAL ALLEGATIONS

13. Plaintiff was employed by Defendant as a delivery driver at Defendant’s location

in Medford, New York from in or about December 2021 until in or about April 2022.

14. Plaintiff’s job duties included delivering materials, unloading materials, and

assisting yard personnel with pulling and preparing orders for shipment.

15. Defendant failed to pay Plaintiff and similarly situated persons who have worked

for Defendant as hourly-paid positions in the State of New York, including, but not limited to,

those working as warehouse associates and yard workers, shop pipe welders, delivery drivers, and

counter sales representatives, “on a weekly basis and not later than seven calendar days after the

end of the week in which the wages are earned” as required by NYLL § 191. Instead, Defendant

paid Plaintiff and similarly situated persons on a bi-weekly basis pursuant to its corporate-wide

payroll policy in violation of NYLL § 191.

16. Throughout their employment, Plaintiff and Class Members – who were employed

as, inter alia, warehouse associates and yard workers, shop pipe welders, delivery drivers, and

counter sales representatives in the State of New York – regularly performed manual tasks during

the majority of their hours worked and, therefore, Plaintiff and Class Members spent more than

twenty-five percent of their hours worked each week performing such manual tasks.

5 of 11
FILED: NASSAU COUNTY CLERK 10/11/2023
05/08/2023 05:18
05:07 PM INDEX NO. 607329/2023
NYSCEF DOC. NO. 19
1 RECEIVED NYSCEF: 10/11/2023
05/08/2023

17. Plaintiff and Class Members are manual workers who depend upon their wages

for sustenance and suffer harm that is particularly acute when their wages are delayed, and they

are temporarily deprived of their earned wages.

18. Each time that Plaintiff and Class Members received late compensation for the

work that they performed, Defendant underpaid them for the work that they performed.

19. Each time that Defendant failed to pay Plaintiff and Class Members their wages

earned within seven days of the end of the workweek, Defendant deprived them of the use of

money that belonged to him. As a result, Plaintiff was unable to do those things that every person

does with their money, such as paying bills or buying goods that he needed or wanted to buy.

20. By way of example, these delayed wages prevented Plaintiff and Class Members

from spending money earned on a host of everyday expenses and to provide for their basic needs

including, but not limited to, purchasing food and groceries, rent or mortgage payments, gas or

heating oil, utilities, medical supplies and services, insurance, automobile payments, fuel for

vehicles, education tuition and expenses, daycare or childcare, public transportation, and other

basic living expenses.

21. By Defendant’s failure to pay Plaintiff and Class Members their wages earned

within seven days of the end of their workweeks and retaining money that belonged to them,

Plaintiff and Class Members lost the time value of money.

22. Additionally, Defendant’s delayed payment of wages forced Plaintiff and Class

Members to forgo purchasing goods and services until a later time after their receipt of their late

paid wages. Because of inflation, being an ever increasing scourge throughout the Covid-19

pandemic and recent events, Plaintiff and Class Members were required to pay increased prices

6 of 11
FILED: NASSAU COUNTY CLERK 10/11/2023
05/08/2023 05:18
05:07 PM INDEX NO. 607329/2023
NYSCEF DOC. NO. 19
1 RECEIVED NYSCEF: 10/11/2023
05/08/2023

for the goods and services that they otherwise would have purchased at an earlier date were their

wages lawfully paid on a weekly basis.

23. By retaining these wages earned beyond the timeframes set by NYLL § 191,

Defendant benefitted from the time value of money and their free use of such funds, at the expense

of Plaintiff and Class Members. For example, during the interval of these delayed wage payments,

Defendant was free to utilize those funds to purchase goods and services, pay rent or mortgages

on its facilities and retail stores, pay installment payments and purchase fuel for its company-

owned vehicles, pay for marketing and other business expenses, and accrue interest on those funds

in its business accounts.

24. Defendant’s failure to timely pay wages earned caused Plaintiff and Class

Members to suffer the same or similar harms.

25. Defendant treated and paid Plaintiff and Class Members in the same or similar

manner.

CLASS ACTION ALLEGATIONS

26. Plaintiff brings his First Cause of Action on behalf of himself, individually, and a

class of persons under CPLR § 901 et seq. consisting of all persons who have been employed by

Defendant in the State of New York as an hourly, non-managerial employee at any time during

June 6, 2016 through March 15, 2022, and who were manual workers under NYLL §191, except

for any employee who agreed to arbitrate any employment-related disputes with the Defendant or

any employee who has otherwise signed a release of claims against the Defendant (hereinafter

referred to as the “Class” or the “Class Members”).

27. The Class Members are readily ascertainable. The number and identity of the Class

Members are determinable from the records of Defendant. The hours assigned and worked, the

7 of 11
FILED: NASSAU COUNTY CLERK 10/11/2023
05/08/2023 05:18
05:07 PM INDEX NO. 607329/2023
NYSCEF DOC. NO. 19
1 RECEIVED NYSCEF: 10/11/2023
05/08/2023

positions held, and rates of pay for Class Member may also be determinable from Defendant’s

records. For purposes of notice and other purposes related to this action, their names and addresses

are readily available from Defendant. Notice can be provided by means permissible under CPLR

§ 901 et seq.

28. The proposed Class is so numerous such that joinder of all members is

impracticable, and the disposition of their causes of action as a class will benefit the parties and

the Court. Although the precise number of such persons is unknown because the facts on which

the calculation of that number rests are presently within the sole control of Defendant, upon

information and belief, there are more than forty (40) individuals who are currently, or have been,

employed by the Defendant as a covered Class Member at any time during June 6, 2016 through

March 15, 2022.

29. Defendant has acted and/or has refused to act on grounds generally applicable to

the Class, thereby making appropriate final injunctive relief or corresponding declaratory relief

with respect to the Class as a whole.

30. There are questions of law and fact common to the Class which predominate over

any questions affecting only individual class members, including, but not limited to, whether

Defendant paid Plaintiff and Class Members on a bi-weekly basis in violation of NYLL § 191, the

nature and extent of the Class-wide injury, and the appropriate measure of damages for the Class.

31. Plaintiff’s cause of action are typical of the cause of action of the Class that he seeks

to represent. Defendant failed to pay Plaintiff “on a weekly basis and not later than seven calendar

days after the end of the week in which the wages are earned,” as required by NYLL § 191.

Plaintiff’s cause of action is typical of the cause of action that could be alleged by any member of

8 of 11
FILED: NASSAU COUNTY CLERK 10/11/2023
05/08/2023 05:18
05:07 PM INDEX NO. 607329/2023
NYSCEF DOC. NO. 19
1 RECEIVED NYSCEF: 10/11/2023
05/08/2023

the Class, and the relief sought is typical of the relief that would be sought by each member of the

Class in separate actions.

32. All the Class Members were subject to the same corporate practices of Defendant.

Defendant’s corporate-wide policies and practices affected all Class Members similarly, and

Defendant benefited from the same type of unfair and/or wrongful acts as to each Class Member.

Additionally, Defendant’s violations of NYLL § 191 by failing to timely pay wages earned caused

Plaintiff and other Class Members to suffer the same or similar harms. Plaintiff and other Class

Members sustained similar losses, injuries and damages arising from the same unlawful policies,

practices, and procedures.

33. Plaintiff is able to fairly and adequately protect the interests of the Class and has no

interests antagonistic to the Class. Plaintiff has retained counsel competent and experienced in

class actions, wage and hour litigation, and employment litigation.

34. A class action is superior to other available methods for the fair and efficient

adjudication of litigation, particularly in the context of wage and hour litigation like the present

action, where individual Plaintiffs may lack the financial resources to vigorously prosecute a

lawsuit in court against a corporate defendant.

35. Class action treatment will permit a large number of similarly situated persons to

prosecute their common cause of action in a single forum simultaneously, efficiently, and without

the unnecessary duplication of efforts and expense that numerous individual actions engender.

The adjudication of individual litigations for each Class Member’s cause of action would result in

a great expenditure of Court and public resources; however, treating the Class Member’s causes

of action as a class action would result in a significant savings of these costs.

9 of 11
FILED: NASSAU COUNTY CLERK 10/11/2023
05/08/2023 05:18
05:07 PM INDEX NO. 607329/2023
NYSCEF DOC. NO. 19
1 RECEIVED NYSCEF: 10/11/2023
05/08/2023

36. The prosecution of separate actions by individual Class members would create a

risk of inconsistent and/or varying adjudications with respect to the individual Class members,

establishing incompatible standards of conduct for the Defendant. Moreover, the issues in this

action can be decided by means of common, class-wide proof.

37. The members of the Class have been damaged and are entitled to recovery as a

result of Defendant’s common and uniform policies, practices, and procedures. Although the

relative damages suffered by individual Class Members are not de minimis, such damages are

small compared to the expense and burden of individual prosecution of this litigation.

38. In addition, class treatment is superior because it will obviate the need for unduly

duplicative litigation that may result in inconsistent judgments about Defendant’s practices.

39. Furthermore, current employees are often afraid to assert their rights out of fear of

direct or indirect retaliation. Former employees are fearful of bringing causes of action because

doing so can harm their employment, future employment, and future efforts to secure employment.

Class actions provide Class Members who are not named in the Complaint a degree of anonymity,

which allows for the vindication of their rights while eliminating or reducing those risks.

FIRST CAUSE OF ACTION
FREQUENCY OF PAYMENT VIOLATION

40. Plaintiff and the Class Members repeat, reiterate, and re-allege each and every

allegation set forth above with the same force and effect as if fully set forth herein.

41. Plaintiff and the Class Members were manual workers as defined by the NYLL.

42. Defendant was required to pay the Plaintiff and the Class Members their

compensation on a weekly basis, and not later than seven calendar days after the end of the week

in which the wages were earned.

10 of 11
FILED: NASSAU COUNTY CLERK 10/11/2023
05/08/2023 05:18
05:07 PM INDEX NO. 607329/2023
NYSCEF DOC. NO. 19
1 RECEIVED NYSCEF: 10/11/2023
05/08/2023

43. Defendant failed to pay Plaintiff and the Class Members on a weekly basis and

instead paid Plaintiff and Class Members on a bi-weekly basis in violation of NYLL § 191.

44. Due to Defendant’s violations of the NYLL, Plaintiff and the Class Members are

entitled to damages equal to the total amount of the delayed wages, attorneys’ fees, costs of this

action, and interest as permitted by law.

PRAYER FOR RELIEF

WHEREFORE, Plaintiff, individually and on behalf of all other similarly situated

persons, prays for the following relief:

(i.) Certifying this action a class action pursuant to CPLR § 901 et seq.;

(ii.) Designation of Plaintiff as representative of the Class and counsel of record as Class

Counsel;

(iii.) Awarding damages pursuant to NYLL §§ 191, 198;

(iv.) Awarding pre- and post-judgment interest as permitted by law;

(v.) Awarding attorneys’ fees incurred in prosecuting this action;

(vi.) Awarding all costs incurred in prosecuting this action; and

(vii.) Such other and further relief as this Court deems just and proper.

Dated: Hauppauge, New York
May 8, 2023

LAW OFFICE OF PETER A. ROMERO PLLC
Attorneys for Plaintiff
490 Wheeler Road, Suite 250
Hauppauge, New York 11788
Tel.: (631) 257-5588

By: ______________________________
DAVID D. BARNHORN, ESQ.
PETER A. ROMERO, ESQ.

11 of 11

Case Info

Judge

Thomas Rademaker Track Judge’s New Case

Case No.

(Subscribe to View)

Document Filed Date

October 11, 2023

Case Filing Date

May 08, 2023

County

Parties

For full print and download access, please subscribe at https://www.trellis.law/.

Exhibit,Appendix: Brian Jackson v. Ferguson Enterprises, Llc

Preview

Related Topics

Case Info

Parties