U.S. District Court Certifies Class Action Lawsuit Against JC Penny Stores

By Leeds Brown Law | May 18, 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 Ultimate Services Inc. and an executive of the company, 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.  There are more than 100 workers in this class action lawsuit, represented by Carle Place law firm, Leeds Morelli and Brown, P.C.J. C. Penny Stores in NY

The federal overtime provisions are contained in the Fair Labor Standards Act.  Unless exempt, employees covered by the Act must receive overtime pay for hours worked over 40 in a work week at a rate not less than time and one-half their regular rates of pay. There is no limit in the Act on the number of hours employees aged 16 and older may work in any work week. The Act does not require overtime pay for work on Saturdays, Sundays, holidays, or regular days of rest, unless overtime is worked on such days.  Some categories of employees are excluded by federal law from the requirement to receive one and one-half times their regular, straight-time rate of pay.  The occupations excluded by federal law are outlined in the Fair Labor Standards Act (FLSA), listed by the U.S. Department of Labor, Wage and Hour Division at
US Department of Labor website.  New York State follows these exclusions but requires that they receive at least one and one half times the minimum rate of $7.15 for their overtime hours.

The attorneys of Leeds Morelli and Brown, P.C. are experienced and determined employment law practitioners who will fight hard to make sure your rights are preserved.  If you find your employer is engaging in questionable discriminatory behavior, we urge you to contact an attorney at Leeds, Morelli & Brown, P.C. for a free consultation at 1-888- 5 JOB LAW or our firm’s website at

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