Overtime Suit By JC Penny Janitors Proceeding As Class Action In U.S. District Court In Central ISLIP, NY

CARLE PLACE, NY (May 10, 2011) — A class-action lawsuit filed by group of employees who claim the company that provides janitorial services at JC Penny Stores in New York and New Jersey hasn’t paid them overtime is proceeding in Long Island federal court

U.S. District Judge Joanna Seybert has certified the lawsuit, filed in 2009 in U.S. District Court for the Eastern District of New York in Central Islip, against USI SERVICES GROUP, Ultimate Services Inc. and an executive of the companies, Fred Goldring, as a class action.

The employees, all of whom live and work on Long Island, alleged that the cleaning company “regularly required” them to work more than 40 hours a week, but did not pay them overtime, or for all the hours they worked, according to the lawsuit, Brieno, et al. v. USI Services Group, Inc., et al. (Index No. 09 Civ. 4252).

The suit, filed by the Carle Place law firm, Leeds Morelli & Brown PC, alleges the cleaning firm violated the federal Fair Labor Standards Act.

The employees contend in court papers that the cleaning-services firm frequently failed to credit or pay them for all their hours between 2003 and 2008 at 157 locations where USI provided cleaning services. More than 100 employees are in the class, according to court papers. USI and Ultimate Services are based in Springfield, NJ.

The total amount of unpaid wages is to be determined by the court, according to the lawsuit, which also seeks damages equal to the unpaid wages, plus interest and attorneys fees and costs.