RiverBay Corp.

May 1, 2013

New York, NY — A class action lawsuit has been filed against RiverBay Corp. and Marion Scott Real Estate, Inc. (collectively “RiverBay”), in the United States District Court for the Southern District of New York, on behalf of hourly paid non-exempt employees (“Hourly Employees”).  The Complaint alleges that RiverBay’s policies violate the Fair Labor Standards Act (“FLSA”) and New York labor law (“NYLL”) by utilizing improper time rounding/penalization techniques, offering compensatory “comp” time in lieu of overtime, failing to pay overtime at the nighttime pay differential rate, requiring Hourly Employees to work through their automatically deducted meal breaks and also by requiring that Hourly Employees work off-the-clock, all which result in Hourly Employees working without proper compensation. The Complaint breaks these allegations into 5 different subclasses of violations by which Hourly Employees may be affected.

As described in the Complaint, subclass 1 alleges that RiverBay regularly penalizes their Hourly Employees up to and in excess of 12 minutes per shift if they sign in more than 3 minutes late.  For example, if an hourly employee is scheduled to work from 9:00 a.m. – 5:00 p.m. but they clock in at 9:04 a.m., then RiverBay’s time-keeping software will penalize the Hourly Employee and record him/her as actually clocking in at 9:15 a.m. despite the fact that the employee is performing job related duties during the 11 unpaid minutes between when they’ve clocked in and when they are recorded as clocked in.  Additionally, it is alleged that RiverBay does not average out this time rounding/penalization policy by crediting Hourly Employees who sign out prior to the end of their scheduled shift, rather RiverBay only pays each Hourly Employee up to the minute they sign out, thereby receiving an unfair benefit from Hourly Employees’ uncompensated work.

Furthermore, subclass 2 alleges that RiverBay offers Hourly Employees the option to accept comp time in lieu of overtime compensation. The FLSA and NYLL prohibit private sector employees from being offered and/or accepting comp time in lieu of overtime compensation.

Subclass 3 alleges that RiverBay fails to properly pay Hourly Employees an overtime rate that is reflective of the increase in pay they receive from working night shifts.  Hourly Employees who work night shifts, as described in their Collective Bargaining Agreement are entitled to a nighttime pay differential.  However, RiverBay fails to calculate employee overtime payments at a rate that is reflective of one and one-half times their pay rate inclusive of the night shift premium pay.  Rather, Hourly Employees who work the night shift only receive overtime that is calculated at a rate of one and one-half times their regular rate of pay thereby depriving them of proper overtime compensation to which they are owed.
Furthermore, subclass 4 alleges that RiverBay automatically deducts 1 hour for meal breaks from full-time Hourly Employees’ daily paychecks, regardless of whether Hourly Employees are required to perform uncompensated job related duties during the automatic meal break.  This indiscriminate automatic 1 hour meal deduction does not take into account the actual time reflection for when Hourly Employees are engaged in work for which they should be properly compensated.

Finally, subclass 5 alleges that RiverBay requires Hourly Employees to perform off-the-clock work related duties.  These duties, which come at the direct request of supervisors, are performed prior to Hourly Employees clocking in and after Hourly Employees have clock out.  RiverBay routinely refuses to pay Hourly Employees their straight and overtime wages for this excess time which they are owed under Federal and State law.  By bringing this action, the attorneys listed below hope to end these practices and recover the wages and overtime pay that each Hourly Employee is due under the law.

If you work or have worked at RiverBay as an Hourly Employee and think that you fall into one or more of these subclasses, you may request to be included in the proposed class.  Please contact Matthew Cohen, Esq. at the Law Firm of Louis Ginsberg, PC at 877-4WAGESLAW (877-492-4375) or Brett Gallaway, Esq. at McLaughlin & Stern, LLP at 646-738-6353 for any questions you have about the action.

May 1, 2013

New York, NY — A class action lawsuit has been filed against RiverBay Corp. and Marion Scott Real Estate, Inc. (collectively “RiverBay”), in the United States District Court for the Southern District of New York, on behalf of hourly paid non-exempt employees (“Hourly Employees”).  The Complaint alleges that RiverBay’s policies violate the Fair Labor Standards Act (“FLSA”) and New York labor law (“NYLL”) by utilizing improper time rounding/penalization techniques, offering compensatory “comp” time in lieu of overtime, failing to pay overtime at the nighttime pay differential rate, requiring Hourly Employees to work through their automatically deducted meal breaks and also by requiring that Hourly Employees work off-the-clock, all which result in Hourly Employees working without proper compensation. The Complaint breaks these allegations into 5 different subclasses of violations by which Hourly Employees may be affected.

As described in the Complaint, subclass 1 alleges that RiverBay regularly penalizes their Hourly Employees up to and in excess of 12 minutes per shift if they sign in more than 3 minutes late.  For example, if an hourly employee is scheduled to work from 9:00 a.m. – 5:00 p.m. but they clock in at 9:04 a.m., then RiverBay’s time-keeping software will penalize the Hourly Employee and record him/her as actually clocking in at 9:15 a.m. despite the fact that the employee is performing job related duties during the 11 unpaid minutes between when they’ve clocked in and when they are recorded as clocked in.  Additionally, it is alleged that RiverBay does not average out this time rounding/penalization policy by crediting Hourly Employees who sign out prior to the end of their scheduled shift, rather RiverBay only pays each Hourly Employee up to the minute they sign out, thereby receiving an unfair benefit from Hourly Employees’ uncompensated work.

Furthermore, subclass 2 alleges that RiverBay offers Hourly Employees the option to accept comp time in lieu of overtime compensation. The FLSA and NYLL prohibit private sector employees from being offered and/or accepting comp time in lieu of overtime compensation.

Subclass 3 alleges that RiverBay fails to properly pay Hourly Employees an overtime rate that is reflective of the increase in pay they receive from working night shifts.  Hourly Employees who work night shifts, as described in their Collective Bargaining Agreement are entitled to a nighttime pay differential.  However, RiverBay fails to calculate employee overtime payments at a rate that is reflective of one and one-half times their pay rate inclusive of the night shift premium pay.  Rather, Hourly Employees who work the night shift only receive overtime that is calculated at a rate of one and one-half times their regular rate of pay thereby depriving them of proper overtime compensation to which they are owed.
Furthermore, subclass 4 alleges that RiverBay automatically deducts 1 hour for meal breaks from full-time Hourly Employees’ daily paychecks, regardless of whether Hourly Employees are required to perform uncompensated job related duties during the automatic meal break.  This indiscriminate automatic 1 hour meal deduction does not take into account the actual time reflection for when Hourly Employees are engaged in work for which they should be properly compensated.

Finally, subclass 5 alleges that RiverBay requires Hourly Employees to perform off-the-clock work related duties.  These duties, which come at the direct request of supervisors, are performed prior to Hourly Employees clocking in and after Hourly Employees have clock out.  RiverBay routinely refuses to pay Hourly Employees their straight and overtime wages for this excess time which they are owed under Federal and State law.  By bringing this action, the attorneys listed below hope to end these practices and recover the wages and overtime pay that each Hourly Employee is due under the law.