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Feldman v. Malba Gardens Owners Corp., and Direct Management Corp., and Jake Demosthenous, individually Civil Case No.: 1:18-cv-05095

Building MaintenanceNew Action filed in the Eastern District of New York
Feldman v. Malba Gardens Owners Corp., and Direct Management Corp., and Jake Demosthenous, individually Civil Case No.: 1:18-cv-05095

On September 10, 2018, Plaintiff Mr. Felman, filed a Complaint in the United States District Court Eastern District of New York against MALBA GARDENS OWNERS CORP. (“Malba Gardens”), and DIRECT MANAGEMENT CORP. (“Direct Management”), and JAKE DEMOSTHENOUS (“Demosthenous”), individually, (collectively as “Defendants”), alleges upon knowledge as to himself and his own actions as follows:

Mr. Felman worked for Defendants - - two corporations that jointly mange the Queens residential apartment building in which Plaintiff worked - - from November 1, 2013 until September 8, 2017, as a live-in superintendent. Plaintiff’s primary duties - - indeed well more than 25% of his work - - consisted of performing general maintenance tasks for the Building. This included the daily responsibilities of fixing toilet clogs and pipe leaks, replacing light bulbs, performing trash removal services, painting and cleaning common areas, maintaining the landscaping, corresponding and directing the work of third-party contractors or vendors, driving to home improvement stores to purchase work supplies, repairing air conditioning and heating units, assisting tenants with lock-outs, shoveling snow during the winter, and handling any other residential repairs as needed twenty-four hours per day. Upon Plaintiff’s hire, Defendants sent the Building’s tenants a letter advising tenants that they could contact Plaintiff for any maintenance-related emergencies, twenty-four hours per day, seven days per week.

Throughout Plaintiff’s employment, in addition to his regular schedule of twenty-eight hours per week, Defendants required Plaintiff to be available and on call twenty-four hours per day, seven days per week. In exchange for his work, Defendants failed to pay Plaintiff at any rate of pay for any hours worked, including for his scheduled hours worked, which clearly falls far below the applicable minimum wage rates under the Fair Labor Standards Act (“FLSA”) and the New York Labor Law (“NYLL”). Additionally, because Defendants failed to pay Mr. Feldman any wages, they also failed to pay him at the statutorily-required overtime rate of at least one and one-half times the minimum wage rate for all hours worked above forty each week, in direct violation of the FLSA. Furthermore, throughout Plaintiff’s employment, Defendants violated the NYLL by failing to pay Plaintiff, a manual worker, all of his wages owed on at least as frequently as a weekly basis.

If any individual is or has previously been an employee of the Defendants named in the lawsuit during the time period of November 1, 2013 – present, 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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