Legal Question in Employment Law in New York

Labor and Employment in regards to superintendent

Thanks in advance for those who answer. I live in New York City and currently work as a super in a building of an inner city neighborhood. There is no formal agreement between myself and the landlord; I work as the super and I don't have to pay rent. I am a U.S citizen btw.

I inherited the position from my father who is now sick and not receiving any SS benefits or pensions because he doesn't have enough ''work experience''; though he has worked as a super for over 30 years (off the books). He did not enter any formal agreements with the landlord just the same as I. Work for rent.

I'm not sure what the law is regarding this matter but I am certain that it is not legal. I was wondering if we had a chance of winning a lawsuit against the landlord/employer?

Going over the numbers in my head I estimate it to be in the six figure range 2 or 300 k. Taking into account back wages, health benefits, stipends, cost of supplies, etc...

So what do you guys think? Again thanks in advance for your input regarding this matter.


Asked on 9/18/07, 1:41 am

2 Answers from Attorneys
Mark S. Moroknek Kelly & Curtis, PLLC.

Re: Labor and Employment in regards to superintendent

I currently represent the supers of several coops in lawsuits against their employers, for matters ranging from defamation to violations of the Fair Labor Standards Act etc,

I would need to meet with you and discuss the situation before I can give you an answer, but if you are a full time employee, the apartment is usually a job benefit, and you ought to be receiving a full time salary with time and a half for overtime.

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Answered on 9/19/07, 10:58 am
Jason Stern Law Offices of Jason Stern

Re: Labor and Employment in regards to superintendent

I think that depending on the size of your employer, you raise some valid points about the lack of compliance with the Fair Labor Standards Act (FLSA) and compensation rights.

If you would like to discuss this further, please feel free to contact my office via email or through FLSAattorney.com

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Answered on 9/18/07, 12:01 pm


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