A proposed collective action has been filed against the companies and individuals that own and operate two residential buildings in New York City by a former porter who claims he’s owed unpaid overtime wages. The plaintiff, who worked for the defendants from 2009 through March 2018, alleges he worked 49 hours per week—and sometimes as many as 63 hours per week during winter months—without being paid time-and-a-half wages for every hour worked past 40. In fact, the case says, the plaintiff was not paid appropriately for any hours worked for the defendants, either at his straight-time rate of pay or overtime rate.
The lawsuit says the plaintiff’s pay never varied no matter how many hours he worked per week, such as during winter months when the man was reportedly required to work an additional two hours past his scheduled departure time every day without extra pay.
In addition to the plaintiff’s three individual employers, the complaint names 572 W. 173rd Street Realty, Corp. and HAAV 575 Realty Corp. as defendants.