Unpaid Overtime, Unpaid Wages, Untimely Pay

On Friday, December 9, 2022, Fitapelli & Schaffer, LLP filed a collective and class action lawsuit against Planned Lifestyle Services (“Planned Companies”), a Janitorial, Security, Concierge & Maintenance Expert for Multi-family, HOA, and Commercial services, for unpaid wages. This lawsuit aims to represent similarly situated doorpersons and concierges(“Manual Workers”), under the Fair Labor Standards Act (“FLSA”) and New York Labor Law (“NYLL”). Affected workers include current and former Manual Workers that have worked for Planned Lifestyle Services, Inc. in New York State between February 11, 2016 and the date of final judgment in this matter to recover underpayment for untimely pay.

The lawsuit specifically alleged that Planned Companies failed to issue timely payment of wages pursuant to NYLL. Due to the labor intensive job duties of affected workers that required them to spend more than twenty-five percent of their shifts completing manual labor, they should have been paid weekly as opposed to bi-weekly as required by the NYLL. Doorpersonsand concierges spent significant shift time completing physical tasks including, but not limited to: moving, stacking and lifting packages and deliveries, helping residents with luggage, mopping the lobby, vacuuming the lobby, cleaning the desk area and cabinets, and standing for the majority of their shifts. Since Planned Companies failed to pay these employees their wages in a timely manner earned on a weekly basis, which should have been no later than seven calendar days after the end of the week in which the wages were earned, affected employees lost the time value of their money to the benefit of Planned Companies. This lawsuit seeks to recover underpayment for untimely pay in the form of liquidated damages, prejudgment and post-judgmentinterest, and attorneys’ fees and costs.

At all relevant times, Defendant has compensated Plaintiffs and all other Manual Workers in New York on a bi-weekly basis.Despite being manual workers, Defendant has failed to properly pay Plaintiffs and other Manual Workers in New York their wages within seven calendar days after the end of the week in which these wages were earned. In this regard, Defendant has failed to provide timely wages to Plaintiffs and all other similarly situated Manual Workers in New York.

If you work for Planned Lifestyle Services, Inc., or a similar company in the industry as a manual worker, make sure you are getting paid for all of your hours worked in a timely manner. Unfortunately, not all industries that employ manually intensive workers in New York pay weekly as required by NYLL. You can reach our firm, Fitapelli & Schaffer, LLP, for a free and confidential consultation at (212)300-0375 or you can visit our website here for additional helpful information regarding your work rights.

You can also view the filed complaint here.