The limousine driver involved in the fatal 2015 crash in Cutchogue has filed a lawsuit against his former employer, alleging the company violated the Fair Labor Standards Act and New York Labor Law by failing to pay him overtime during nearly three years of employment.
The lawsuit by Carlos Pino of Old Bethpage was filed Dec. 13 in U.S. Eastern District Court against Ultimate Class Limousine of Hicksville and its CEO, Matthew Silver.
Mr. Pino’s complaint claims he typically worked seven days a week with only an occasional day off, worked between 60 and 70 hours each week and was not paid “one and a half times his regular rate of pay when he worked more than 40 hours each week.” He was paid by check for hours worked up to 40 hours and in cash for hours worked beyond 40 hours, according to the complaint.
The limousine company was aware of the hours Mr. Pino worked and “failed to pay [him] the full amount of wages to which he was entitled for this work time under the law,” the complaint says.
Mr. Pino is seeking back pay he is owed along with liquidated damages, attorneys’ fees and costs of litigation, the complaint says.
Mr. Pino earned $8 an hour from September 2012 until June 22, 2014, and $9 an hour from June 23, 2014, until July 2015, the complaint says. Gratuities and a $10 early pick-up charge he received were withheld by the company on “several occasions,” according to the complaint.
Mr. Pino also was required to pay for repairs to the vehicles he drove, in violation of the New York Labor Law, according to the complaint.
Mr. Pino had originally been charged with criminally negligent homicide and numerous lesser charges related to the crash that killed four young women and injured four others on Route 48 in Cutchogue. Those charges were dismissed in October by Judge Fernando Camacho.
Photo caption: Carlos Pino, right, enters court in March. (Credit: Jen Nuzzo, file)