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Kukic and Sahmanovic v. Romad Realty LLC, and HHRMC LLC, and David Kornitzer, and Harry Hirsch, Case No.: 1:18-cv-04629

Apartment BuildingsNew Action filed in the Southern District of New York
Kukic and Sahmanovic v. Romad Realty LLC, and HHRMC LLC, and David Kornitzer, and Harry Hirsch, Case No.: 1:18-cv-04629

On May 24, 2018, Plaintiffs, Ms. Kukic and Mr. Sahmanovic, filed a civil action lawsuit in United States District Court – Southern District of New York against Romad Realty LLC, HHRMC LLC, David Kornitzer, and Harry Hirsch. The complaint alleges as follows:

Plaintiffs, a married couple, both worked for Defendants -- two limited liability companies that operated as Plaintiffs’ joint employer to own and manage residential apartment buildings throughout New York, and their owners and day-to-day overseers -- from July 2016 to February 14, 2017.

Throughout her employment, Defendants required Plaintiff Kukic to work seventy-seven hours per week as a porter but paid her only a flat salary of $700 per week. Thus, Defendants failed to pay Kukic at the rate of one and one-half times her regular rate of pay for all hours that she worked in excess of forty each week, in violation of the overtime provisions of the Fair Labor Standards Act (“FLSA”) and the New York Labor Law (“NYLL”). For the portion of Plaintiff Kukic’s employment spanning from December 31, 2016 through February 14, 2017, the minimum wage rate in New York City was at least $10.50. However, Defendants paid Plaintiff Kukic at a rate of $9.09 per hour for all hours worked. Thus, in addition to violating Plaintiff Kukic’s rights guaranteed to her by overtime provisions, Defendants also violated Kukic’s rights guaranteed to her by the minimum wage provisions of the NYLL.

Moreover, throughout his employment, Defendants required Plaintiff Sahmanovic to work at least seventy-seven hours per week as a live-in superintendent, yet they did not pay Sahmanovic any wages. Thus, Defendants violated the minimum wage provisions of the FLSA by failing to pay Plaintiff Sahmanovic at a rate equal to or greater than the federal minimum wage rate of $7.25 for any hours worked. Defendants also violated the overtime provisions of the FLSA by failing to compensate Plaintiff Sahmanovic at the rate of at least one and one-half times the FLSA’s minimum wage rate for all hours that he worked in excess of forty.

Additionally, Defendants failed to provide Plaintiff Kukic with accurate wage statements and Plaintiff Sahmanovic with any wage statements, on each payday, as the NYLL requires. In further violation of the NYLL, Defendants failed to provide Plaintiffs with any wage notice, let alone an accurate one, at the time of their hire.

If any individual is or has previously been an employee for the Defendants named in the lawsuit and/or has information that may be relevant to this case, please contact Borrelli & Associates, P.L.L.C. as soon as possible through one of our websites, www.employmentlawyernewyork.com or www.516abogado.com, or any of our phone numbers: (516) 248–5550, (516) ABOGADO, or (212) 679–5000.

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