EMPLOYMENT LITIGATION

On Point Systems & Management, Inc.

 Minimum Wages & Untimely Pay 

Summary:

On Monday, November 8, 2021, Fitapelli & Schaffer, LLP filed a class and collective action against On Point Systems & Management, Inc. (“On Point”) for unpaid wages. On Point provides cleaning and janitorial staffing to a variety of businesses throughout New York City and the surrounding areas, including but not limited to the City University of New York (CUNY), and YMCAs in the Bronx, Manhattan, Brooklyn, and Huntington, Long Island. According to its website, On Point has specialized in cleaning services for more than 15 years and has over 100 personnel ready to be sent to its clients’ places of business. The lawsuit seeks to recover unpaid minimum wages and untimely wage compensation for all similarly situated janitors, cleaners, and porters who work or have worked for On Point at any job site in New York state to remedy violations of the Fair Labor Standards Act (“FLSA”) and the New York Labor Law (“NYLL”).

The lawsuit alleges that On Point failed to pay Plaintiff final paycheck, and also paid her and other janitors on a bi-weekly basis despite their status as “manual workers” under the NYLL. Janitors for the company spend more than twenty-five percent of their time completing physical tasks, such as sweeping floors, dusting surfaces, mopping floors, emptying garbage, and sanitizing surfaces.

Additionally, the lawsuit claims On Point failed to supply its Manual Workers in New York with notice of pay rates at the start of their employment and accurate statements of wages with every payment of wages as required by the NYLL. Due to this, Manual Workers for the company are entitled to statutory penalties of fifty dollars per each work day (up to $5,000) for failure to receive a proper wage notice, and penalties of two hundred fifty dollars per work day (up to $5,000) for failure to receive accurate wage statements.

New York State protects hard-working employees that work in industries that rely heavily on their manual labor, such as the cleaning industry. If you work for any industry such as the cleaning industry you should be paid every week as opposed to biweekly. If you are unsure if you fall into this category, speaking with an employment lawyer could be helpful. Fitapelli & Schaffer, LLP offers a free and confidential consultation at (212) 300-0375 and also has additional helpful information regarding your rights here.

You can also view the filed complaint here.