Former CDL driver sues Cable Communications and Safe Road Solutions for wage violations and retaliation

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Allegations of unpaid wages, overtime violations, and unsafe working conditions have been brought forward in a newly filed class action lawsuit involving a former commercial driver and two related companies. The legal action claims that the companies failed to pay proper wages and retaliated against an employee who raised concerns about payroll discrepancies and vehicle safety.

The complaint was filed by Bill Ayala on March 24, 2026, in the United States District Court for the Southern District of New York against Cable Communications LLC, Safe Road Solutions Incorporated, James Telesco, Melanie Telesco (née Cordero), and Neil Tomasetti.

According to the filing, Ayala worked as a CDL Driver from January 6, 2025 until his termination on February 20, 2026. During this period, he was responsible for loading, operating, and unloading supplies at various work sites managed by the defendants. The complaint states that throughout his employment “Defendants repeatedly altered handwritten time records to avoid paying Plaintiff’s full regular and overtime wages.” It further alleges that Ayala’s hours were split between two entities—Cable Communications and Safe Road Solutions—to ensure neither reported more than forty hours per week per employee. This practice allegedly allowed the companies to evade overtime payments while appearing compliant with New York Department of Transportation public works contracts.

Ayala claims he questioned management multiple times about these pay discrepancies. He also challenged what he describes as unsafe practices at work: “Plaintiff also repeatedly challenged Defendants’ unsafe practices, including requiring employees to operate unregistered, uninsured, uninspected, and dangerous vehicles.” On February 19, 2026—one day before his dismissal—Ayala refused to drive a vehicle with a damaged steering system due to safety concerns. He was terminated the following day despite having no prior performance issues or warnings.

The lawsuit asserts that these actions violate several laws: “Defendants willfully and intentionally violated the Fair Labor Standards Act (the ‘FLSA’), 29 U.S.C. §§ 206, 207 & 215; New York Labor Law (‘NYLL’) §§191, 193 & 650 et seq., by failing to pay Plaintiff for each hour worked; failing to pay mandatory overtime wages; and terminating Plaintiff in retaliation for his questions regarding pay discrepancies and/or refusal to participate in Defendants’ dangerous unlawful activity.”

Both Cable Communications LLC and Safe Road Solutions Incorporated are described as enterprises engaged in commerce within the meaning of federal labor law. The complaint details how both companies share ownership structures—including overlapping management—and maintain common payroll personnel policies. James Telesco is identified as President and CEO of Cable Communications as well as an operator of both businesses; Melanie Telesco (Cordero) is named CEO of Safe Road Solutions; Neil Tomasetti is listed as Senior Director then Vice President of Operations at Cable Communications during Ayala’s tenure.

The document outlines several specific allegations:
– Handwritten time sheets submitted by Ayala were manually changed by management to reflect fewer hours worked than actually performed.
– Time deductions occurred regularly without legal basis or justification.
– Pay was split between entities during assignments on Department of Transportation projects—a practice described as an artificial scheme designed “to evade overtime and Prevailing Wage obligations.”
– Workers were required to operate vehicles with mechanical defects or lacking proper documentation such as insurance or inspection certificates.
– Ayala was fired after refusing to operate a dump truck with known steering issues.

The suit seeks class action status on behalf of all current or former hourly workers whose timesheets were altered or who received less than prevailing wage rates while assigned to Department of Transportation projects over six years prior to filing through judgment entry. It argues that “common questions of law and fact predominate over individual issues,” including whether defendants illegally changed timesheets or paid employees through multiple entities in violation of state or federal wage laws.

Ayala requests several forms of relief from the court: certification as a class action; issuance of notice to potential class members; compensatory damages; liquidated damages; pre- and post-judgment interest; reasonable attorneys’ fees; costs; and any other relief deemed just by the court.

Attorney Zachary Naidich of Naidich Law represents Bill Ayala in this matter. The case is identified under docket number 26-cv-2433.

Source: 726cv2433_Bill_Ayala_v_Cable_Communications_Complaint_Southern_District_of_New_York.pdf



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