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Fito Emerito Diaz-Benegas v. 147th St. Corporation and Langsam Property Services Corporation, and Jose Gonzales., Case No: 16-CV-00172

New Collective Action filed in the Southern District of New York

Fito Emerito Diaz-Benegas v. 147th St. Corporation and Langsam Property Services Corporation, and Jose Gonzales., Case No: 16-CV-00172

On January 8, 2016, Lead Plaintiff Fito Emerito Diaz-Benegas, on behalf of himself and those similarly situated, filed a class and collective action lawsuit in United States District Court – Southern District of New York vs. 147th Street Corporation and Langsam Property Services and Jose Gonzales. The complaint alleges as follows: Mr. Diaz-Benegas began working for Defendants, two companies that own real property and offer rental management services, around January 2006 through October 3, 2015 as a porter and laborer. During his employment, Defendants required Plaintiff to be available twenty-four hours per day, seven days per week. However, Defendants failed to pay Plaintiff the proper overtime compensation at the statutorily-required overtime rate of pay for any hour that he worked per week over forty hours as the New York Labor Law and the Federal Fair Labor Standards Act require. In addition, Defendants failed to provide Mr. Diaz-Benegas with accurate wage statements on each payday. Defendants also failed to provide Plaintiff with “spread of hours” pay, which is an additional hour of pay at the minimum wage rate, when Plaintiff worked a shift of ten hours, which was everyday throughout his employment.

If any person worked for the defendants named in the lawsuit during the time period of January 8, 2010 – present or has information that may be relevant to this case, contact Borrelli & Associates, P.L.L.C. as soon as possible through our website, www.employmentlawyernewyork.com, or any of our phone numbers: (516) 248 – 5550, (516) ABOGADO, or (212) 679 – 5000.

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