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.

Published by
Borrelli & Associates

Recent Posts

Who is Exempt from Workers’ Compensation in New York?

Workers' compensation serves as a crucial safety net for employees who suffer injuries or illnesses…

1 week ago

What Rights Do Minor Employees Have in New York?

In New York, the bustling streets of the city that never sleeps are often filled…

3 weeks ago

Can Seasonal Employees Collect Unemployment in New York?

Seasonal employment is a common practice across various industries. Many businesses hire temporary workers to…

1 month ago

Can a 1099 Employee Collect Unemployment in New York?

The landscape of employment has evolved significantly in recent years, with many individuals opting for…

2 months ago

Is New York an At-Will Employment State?

One of the most common questions attorneys encounter from clients in New York is whether…

2 months ago

Can You Sue Your Employer in New York State?

As legal experts specializing in employment law, one of the most common questions our law…

2 months ago