EMPLOYMENT LITIGATION

W Services Group LLC

Unpaid Wages, Unpaid Overtime, Untimely Pay

On Wednesday, March 9, 2022, Fitapelli & Schaffer, LLP, filed a class and collective action lawsuit against W Services Group LLC, a national facilities service provider that manages numerous projects for multisite groups, for unpaid wages. This lawsuit seeks to recover minimum wages and overtime compensation and other damages for similarly situated cleaning workers (hereinafter “Cleaners”) arising out of their employment with W Services Group LLC (“W Services”), Cleaning Path Corp. (“Cleaning Path”), and Cinia Ortega (“Ortega”) (collectively referred to as “Defendants”).

The lawsuit alleges that Defendants failed to pay its Cleaners theminimum wage for all hours worked and failed to pay overtime compensation as required by the Fair Labor Standards Act (“FLSA”). Cleaners went unpaid for travel and wait time between job locations at 1.5 times their regular rate of pay when working in excess of 40 hours per workweek. In turn, cleanersfailed to receive the proper overtime pay under the FLSA.Moreover, Defendants paid Cleaners on an untimely bi-weekly basis despite being considered manual workers under New York Labor Law (“NYLL”). This state law requires manual workers in New York be paid their wages within seven calendar days after the end of the week in which these wages were earned. As a result, Defendants failed to provide timely wages to Plaintiff and all other similarly situated Cleaners in New York. Further, Defendants failed to provide adequate wage notices and accurate wage statements to Plaintiff and other similarly situated Cleaners. Plaintiff brings this action on behalf of herself and all other similarly situated Cleaners in New York who elect to opt in to this action pursuant to the FLSA as well as the NYLL.

Although W Services utilizes subcontracted Cleaners viacompanies like Cleaning Path, a 24-hour commercial cleaning service based out of Queens, NY, the lawsuit argues that W Services is considered a joint employer of all similarly situated Cleaners due to all of the following:

• W Services maintains records of work performed by similarly situated Cleaners, such as requiring them to call an interactive voice response number provided by and managed by W Services upon their arrival to a job location and after they complete a job.
• W Services supervises subcontracted Cleaners through their traveling supervisors who inspect the premises cleaned.
• W Services also provides detailed step-by-step “Work Order Descriptions” forms outlining how and what Cleaners are supposed to do at the job site which they’re not allowed to deviate from.
• W Services also provides much of the cleaning materials and equipment used by Cleaners, such as cleaning chemicals that are necessary for cleaning certain job locations.
• Cleaners also wear uniforms with a “W Services” logo, and identify themselves as W Services employees at job sites.
• W Services’ clients contact W services directly for updated scheduling of cleaning services, which is then communicated to Plaintiffs.

As a result, this lawsuit claims W Services is an employer of all similarly situated Cleaners and is responsible for paying these workers correctly under the FLSA and NYLL. If you’ve recently worked for W Services Group LLC as a cleaner and have questions regarding these claims, give us a call at (212)300-0375. Additionally, if you work in the industry as cleaner and have experienced similar violations, call us for a free and confidential consultation or visit our website here for more information regarding your rights in the workplace.

You can also view the filed complaint here.