Erwin Fernando Calderon et al v. Mullarkey Realty, LLC et al., Case No. 1:14-cv-02616

New Collective Action in the Eastern District Of New York

Erwin Fernando Calderon et al v. Mullarkey Realty, LLC et al., Case No. 1:14-cv-02616

On April 24, 2014, Named Plaintiffs Erwin Fernando Calderon and Felipe Rodriguez on behalf of themselves and those similarly situated filed a collective action lawsuit in United States District Court – Eastern District of New York vs. their former employers, Mullarkey Realty, LLC and Denis P. Mullarkey. Defendants manage two apartment buildings located at 89-07 169th Street and 89-21 169th Street in Jamaica Queens and Denis P. Mullarkey

Mr. Calderon worked as a superintendent of the buildings since early 1980, and he alleges he is required to work Monday-Friday from 8:30 a.m. to 5 p.m., and he is also required to remain physically on site until 10 p.m. each of those weeknights. On weekends, Defendants required him to be available the entire day on Saturday and at times, Defendants required him to be on call twenty-four hours per day on Saturdays and Sundays in order to respond to routine service requests made by residents. Mr. Rodriguez worked as a maintenance employee at both buildings since 1999, and Defendants required him to work Monday-Friday from 8 a.m. to 5 p.m, Saturday from 7 a.m. to 11 a.m., plus he frequently worked additional hours on weekdays until 7 p.m. at least twice a week for an average of fifty-two to sixty-two hours per week.

Both Plaintiffs allege that they are not properly paid minimum wage or overtime wages for hours worked over forty hours a week or given accurate wage statements in violation of New York Labor Law, New York Compensation Codes Rules and Regulations and the Federal Fair Labor Standards Act. If any person worked for any of the buildings or individuals named as a Defendant in the lawsuit during the time period of April 24, 2008 – April 24, 2014 or has information that may be relevant to this case, contact us as soon as possible (516) 248 – 5550, (516) ABOGADO, or (212) 679 – 5000.