General Employment Law

Gordon v. General Property Management Associates, Inc. Civil Case No.: 19-cv-08107

New Action filed in the Southern District of New York

Gordon v. General Property Management Associates, Inc.
Civil Case No.: 19-cv-08107

On August 29, 2019, Plaintiff Gordon filed a lawsuit in the United States District Court Southern District of New York against GENERAL PROPERTY MANAGEMENT ASSOCIATES, INC. (“GPM”), and 124 WEST 24TH STREET CONDOMINIUM (“124”) (collectively, where appropriate, as “Defendants”), alleging as follows:

Plaintiff worked for Defendants – – a cooperative apartment building and its managing agent that together operate the residential cooperative apartment building located at 124 West 24th Street, New York, New York 10011, in which Plaintiff worked (hereinafter as “the Building”) – – as a non-live-in superintendent, for Defendant 124 from in or around June 2007, and for Defendants collectively from in or around October 2012 – – which is when Defendant GPM took over property management for the Building – – through November 25, 2018.  Thus, as described below, throughout the entirety of his employment, but as is relevant herein due to the operation of the tolling agreement, from at least April 25, 2013 through November 25, 2018, the day on which Plaintiff took unpaid disability leave and the last day that he performed work for Defendants (“the Relevant Period”), Defendants failed to pay Plaintiff the wages lawfully due to him under the Fair Labor Standards Act (“FLSA”) , the New York Labor Law (“NYLL”), and the N.Y. Comp. Codes R. & Regs. (“NYCRR”).  Specifically, during the Relevant Period, Defendants required Plaintiff to work, and Plaintiff did in fact work, in excess of forty hours each week, yet Defendants failed to compensate Plaintiff at the rate of one and one-half times his regular rate of pay for all hours that Plaintiff worked in excess of forty in a week.  Instead, Defendants paid Plaintiff a flat weekly wage that operated to cover only the first forty hours that he worked in a week, and thus Defendants failed to compensate Plaintiff at any rate of pay, let alone at the statutorily-required overtime rate of one and one-half times his regular rate of pay for any hours that Plaintiff worked in excess of forty in a week, in violation of the FLSA, the NYLL, and the NYCRR.

If any individual is or has previously been an employee of 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.

Published by
Borrelli & Associates

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