Ernesto Antonio Portillo Moya has filed a lawsuit against his former employer, alleging significant violations of labor laws. The complaint was submitted on February 20, 2026, in the United States District Court for the Southern District of New York, targeting “ABC Corporation” doing business as Jerome Car Wash and individuals Salas Simon, Felix A. Monge Lopez, and Saul Monge Lopez.
The plaintiff claims that during his employment at Jerome Car Wash from March 2023 to December 2025, he was subjected to unlawful wage practices. Moya asserts that he worked extensive hours—up to seventy-two per week—without receiving proper overtime compensation as mandated by the Fair Labor Standards Act (FLSA) and New York Labor Law (NYLL). Despite working long shifts exceeding ten hours daily for most of his tenure, Moya alleges he was not compensated with the additional hour’s pay required under NYLL’s spread of hours provision. “Defendants did not pay Plaintiff time and a half for hours worked over forty,” the complaint states, highlighting a blatant disregard for overtime regulations.
The lawsuit also accuses the defendants of failing to provide essential wage notices and statements throughout Moya’s employment. This omission allegedly left him unaware of his exact pay rates and unable to verify if he received fair compensation. The complaint argues that these failures were willful acts by the defendants to exploit their workforce.
Moya seeks compensatory damages for unpaid wages and liquidated damages under both federal and state laws. Additionally, he requests interest on unpaid amounts, attorney fees, costs related to the legal action, and any other relief deemed appropriate by the court. He is pursuing this case as a collective action on behalf of all similarly situated employees who experienced similar wage violations at Jerome Car Wash.
Representing Ernesto Antonio Portillo Moya is Roman Avshalumov from Helen F. Dalton & Associates P.C., based in Kew Gardens, New York. The case is being heard in front of judges from the Southern District of New York under Case ID 1:26-cv-01454.
Source: 126cv01454_Ernesto_Antonio_v_ABC_Corporation_Complaint_Southern_District_of_New_York.pdf
