General Employment Law

Judge grants Conditional Certification of Collective Action in the Southern District of New York

Fernandez v. Pinnacle Group NY LLC, and Joel Weiner, individually, Docket No.: 21-cv-10702

Lead Plaintiff, Mr. Fernandez, on behalf of himself, individually, and on behalf of all others similarly-situated, filed a collective action lawsuit in the United States District Court Southern District of New York against PINNACLE GROUP NY LLC (“Pinnacle”), and JOEL WEINER, individually (“Weiner”), (together, where appropriate, as “Defendants”), alleging violations of the Fair Labor Standards Act (“FLSA”), including the failure of Defendants to compensate Plaintiff for overtime wages.  The claims of the case are reviewed as follows:

  • Plaintiff worked for Defendants – – a New York limited liability company that provides property management services to approximately 155 residential apartment buildings throughout New York City and its owners and day-to-day overseer – – as a superintendent in a Manhattan building from 2004 to present ;
  • Specifically, Defendants required Plaintiff, and Plaintiff did work, in over forty hours virtually each week, but Defendants willfully failed to pay Plaintiff the overtime wages lawfully due to him under the FLSA;
  • Instead, throughout his employment, Defendants routinely required Plaintiff to work, and Plaintiff did work, over forty hours in a workweek, but Defendants have required Plaintiff to be on-call and engaged to work virtually every hour of every day, even outside of scheduled hours. However, as indicated on his paystubs, Defendants have paid Plaintiff for only the first forty hours that he works each week, and thus Defendants have not paid Plaintiff any wages for any wages for any hours that he has worked over forty in a week, in violation of the overtime provisions of the FLSA;
  • Defendants paid and treated all their superintendents in the same manner.

Defendant violated Plaintiff’s rights guaranteed to him by the overtime provisions of the FLSA.  Including the failure of Defendants to compensate Plaintiff for overtime wages.

Certification of Collective Action

In this case, pursuant to the request of the Plaintiff, the Judge reviewed claims that the Plaintiff brought forward alleging that there are additional workers in the same “class” (performing the same or similar duties) whose rights have been violated.  On June 5, 2024, the Court ordered the approval of a collective action, allowing the case to proceed as a collective action enabling any current and former employees who were not paid properly to join the lawsuit and seek redress for Defendants’ failure to compensate them in accordance with the law.

If you or a person you know worked for the Defendants named in the lawsuit during the time period of April 2021 – present or has information that may be relevant to this case, contact Borrelli & Associates, P.L.L.C. as soon as possible through one of our websites, www.employmentlawyernewyork.com, www.516abogado.com or any of our phone numbers: (516) 248-5550, (516) ABOGADO, and (212) 679-5000.

 

Notice of Lawsuit
Notice and Consent Form-Fernandez (1)(ES)
Notice and Consent Form-Fernandez (1)(hr)
Notice and Consent Form-Fernandez (1)(pl)
Notice and Consent Form-Fernandez (1)(sq)
Notice and Consent Form-Fernandez (1)(yue)
Notice and Consent Form-Fernandez (sr-Cyrl)

Published by
Borrelli & Associates

Recent Posts

Are You Allowed to Travel While on Workers’ Compensation?

Navigating the complexities of workers' compensation can be challenging. One common question that arises is…

9 hours ago

$400,000.00 – Sex Discrimination & Retaliation

Firm represented a female staff member against her former company and boss for sex discrimination…

2 weeks ago

New Action filed in the United States District Court Eastern District of New York

Jones v. A.T.A. Towing Inc., and Raj Kumar individually; Index No.:24-cv-3612  On May 17, 2024,…

2 weeks ago

Can Sexual Harassment Happen Outside of Work?

Sexual harassment can occur in various settings. It’s often associated with the workplace but it…

2 weeks ago

Firm Secures Judgment in the amount of $100,000.00 – Wage & Hour Violations

Alvarado and Aquapan et al. v. Sunshine 39 Windows & Glass, Inc., and Lim Siew…

3 weeks ago

Can I Sue My Employer for a Hostile Work Environment?

Experiencing a hostile work environment can be incredibly stressful. It creates anxiety at and away…

3 weeks ago