Judge grants Conditional Certification of Collective Action in the Southern District of New York

Fernandez v. Pinnacle Group NY LLC, and Joel Weiner, individually, Docket No.: 21-cv-10702

Lead Plaintiff, Mr. Fernandez, on behalf of himself, individually, and on behalf of all others similarly-situated, filed a collective action lawsuit in the United States District Court Southern District of New York against PINNACLE GROUP NY LLC (“Pinnacle”), and JOEL WEINER, individually (“Weiner”), (together, where appropriate, as “Defendants”), alleging violations of the Fair Labor Standards Act (“FLSA”), including the failure of Defendants to compensate Plaintiff for overtime wages.  The claims of the case are reviewed as follows:

• Plaintiff worked for Defendants – – a New York limited liability company that provides property management services to approximately 155 residential apartment buildings throughout New York City and its owners and day-to-day overseer – – as a superintendent in a Manhattan building from 2004 to present ;

• Specifically, Defendants required Plaintiff, and Plaintiff did work, in over forty hours virtually each week, but Defendants willfully failed to pay Plaintiff the overtime wages lawfully due to him under the FLSA;

• Instead, throughout his employment, Defendants routinely required Plaintiff to work, and Plaintiff did work, over forty hours in a workweek, but Defendants have required Plaintiff to be on-call and engaged to work virtually every hour of every day, even outside of scheduled hours. However, as indicated on his paystubs, Defendants have paid Plaintiff for only the first forty hours that he works each week, and thus Defendants have not paid Plaintiff any wages for any wages for any hours that he has worked over forty in a week, in violation of the overtime provisions of the FLSA;

• Defendants paid and treated all their superintendents in the same manner.

Defendant violated Plaintiff’s rights guaranteed to him by the overtime provisions of the FLSA.  Including the failure of Defendants to compensate Plaintiff for overtime wages.

Certification of Collective Action

In this case, pursuant to the request of the Plaintiff, the Judge reviewed claims that the Plaintiff brought forward alleging that there are additional workers in the same “class” (performing the same or similar duties) whose rights have been violated.  On June 5, 2024, the Court ordered the approval of a collective action, allowing the case to proceed as a collective action enabling any current and former employees who were not paid properly to join the lawsuit and seek redress for Defendants’ failure to compensate them in accordance with the law.

If you or a person you know worked for the Defendants named in the lawsuit during the time period of April 2021 – present or has information that may be relevant to this case, contact Borrelli & Associates, P.L.L.C. as soon as possible through one of our websites, www.employmentlawyernewyork.com, www.516abogado.com or any of our phone numbers: (516) 248-5550, (516) ABOGADO, and (212) 679-5000.

 

Notice of Lawsuit
Notice and Consent Form-Fernandez (1)(ES)
Notice and Consent Form-Fernandez (1)(hr)
Notice and Consent Form-Fernandez (1)(pl)
Notice and Consent Form-Fernandez (1)(sq)
Notice and Consent Form-Fernandez (1)(yue)
Notice and Consent Form-Fernandez (sr-Cyrl)