A group of employees claims their employer failed to pay them overtime wages for hours worked beyond forty per week, including time spent traveling to client sites. The complaint was filed by Alcky A. Guzman III, Shawn Smalls, Wilfredo Badia, Ugene Allen, and Chris Bennett on March 23, 2026 in the United States District Court for the Southern District of New York against ARxIUM, Inc.
According to the filing, the plaintiffs are current or former field service representatives who maintain and repair automated pharmaceutical dispensary systems provided by ARxIUM. The plaintiffs allege that over at least six years leading up to January 2026, ARxIUM had a policy requiring these employees to record their travel time separately from other work hours. The complaint states that “Defendant’s routinely and as a matter of practice during the Violative Practice Period paid Plaintiffs and those similarly situated only at straight time for these separately-entered travel time periods, without regard to the number of hours Plaintiffs and those similarly situated worked in that work week.”
The plaintiffs assert that this practice resulted in regular violations of federal law because they were not compensated at an overtime rate for all hours worked above forty per week when travel time was included. The complaint alleges that “Defendant’s practice and policy that Plaintiffs and those similarly situated enter their travel time separately is intentionally intended to ensure that travel time would not be counted towards the calculation of Plaintiffs’ and those similarly situated’s entitlement to overtime compensation.” They claim this violates both the Fair Labor Standards Act (FLSA) and various state laws.
The legal action seeks collective certification under FLSA for approximately 45 similarly situated employees across multiple states who have allegedly been affected by these practices within the last three years. The plaintiffs also request that ARxIUM provide contact information for all potential members of this collective so they can be notified about joining the case.
The first cause of action accuses ARxIUM of violating FLSA by failing to pay required premium rates for overtime hours. The second cause specifically addresses alleged violations under New York Labor Law regarding plaintiff Alcky A. Guzman III’s right to overtime compensation.
In their request for relief, plaintiffs ask the court to certify a collective action under FLSA, issue an order restraining further violations, award judgment against ARxIUM for willful breaches of federal and state labor laws, grant statutory liquidated damages, cover costs and attorneys’ fees, apply pre- and post-judgment interest, and provide any additional relief deemed appropriate by the court.
The plaintiffs are represented by Nathaniel K. Charny of Charny & Wheeler P.C., based in Rhinebeck, New York. The case is identified as Civil Action No. 1:26-cv-02346.
Source: 126cv2346_Alcky_Guzman_v_ArxIum_Complaint_Southern_District_of_New_York.pdf
