Attorney General Cuomo Delivers Over $1.2 Million In Unpaid Overtime To Nearly 300 Bronx Construction Workers Who Were Stiffed Out Of Compensation

NEW YORK, NY (July 21, 2008) - Attorney General Andrew M. Cuomo today announced that he has recovered over $1,000,000 for Bronx construction workers who were shortchanged out of overtime pay. Almost 300 construction workers, assigned to work on approximately a dozen buildings throughout the Bronx that are managed by Finkelstein Morgan L.L.C., have been waiting years to be compensated for overtime pay owed to them by the property management company and the construction company, J. Siebold Construction Company.

A settlement achieved by the Attorney General’s Office with Finkelstein Morgan L.L.C. and J. Siebold Construction Corporation (“J. Siebold”) forces the companies to provide $1.23 million in restitution and damages for almost 300 employees.

“New York’s construction workers are the backbone of this city’s economy, but these companies sought to stiff almost 300 Bronx construction workers out of the overtime pay they earned and deserve,” said Attorney General Andrew Cuomo. “Today’s settlement will turnover $1.2 million to these workers and also send a serious message to employers across the state: time-and-a-half pay for work over 40 hours a week is the law in New York State, and if an employer ignores that law, we will take action.”

Between October 2002 and August 2006, J. Siebold employed the 284 workers to renovate approximately one dozen buildings that were owned or managed by Finkelstein Morgan. The buildings were located on the Grand Concourse, Gerard Avenue, and elsewhere in the Bronx. In violation of New York State and federal law, the employees were not paid time-and-a-half for working overtime. Instead, they only received their standard pay rate, regardless how many hours they worked.

Under the settlement reached by Attorney General Cuomo, J. Siebold will pay all unpaid overtime, as well as additional amounts for damages, and Finkelstein Morgan will guarantee the required payments. The Attorney General’s Office will continue to monitor the companies’ time and payroll practices to ensure their compliance until 2010. Furthermore, the companies are barred from discriminating or retaliating, in any manner, against employees perceived to have cooperated with the Attorney General’s investigation.

The investigation was handled by Assistant Attorney General Seth Kupferberg.


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