Cleaning Workers brought a class action lawsuit alleging wage theft against CSS Building Solutions Inc., a facilities management company, and Montefiore Health Systems, Inc. The workers were responsible for mopping, sweeping, sanitizing, and disinfecting hallways, patient rooms, bathrooms, kitchens, and any other areas and surfaces exposed to patients and staff. The workers continued to perform their duties even through the height of the COVID-19 pandemic in 2020. They alleged that they were paid at a “straight-time” for all hours worked over forty in a week, were denied spread-of-hours pay, and did not receive pay on a weekly basis no later than seven calendar days after the end of each workweek while working at Montefiore’s Hutchinson Campus, Albert Einstein Campus, and other facilities across New York City.
The Court has preliminarily approved a class settlement of $1,800,000 to settle the lawsuit and has conditionally certified a class of individuals employed by CSS who performed cleaning duties at Montefiore Facilities at any time from March 13, 2016, to October 27, 2022. Under the Fair Labor Standards Act and the New York Labor Law, cleaning workers should have been paid overtime at one and a half times their regular pay rate for hours worked over 40 each week. For example, a cleaning worker paid the New York minimum wage of $16.00 per hour should be paid $24.00 for all hours worked over 40 in a week.
If you are a cleaning worker who worked for CSS at a Montefiore facility during the time frame mentioned above, you might be entitled to money under this settlement. Your immigration status does not impact your ability to recover under the lawsuit. If you have any questions, please call Vivianna Morales at Pechman Law Group at 212-583-9500 or [email protected].
