Landlord Didn't Owe Former Super Overtime Wages

Former building super sued landlord, claiming that landlord withheld overtime wages at time and one-half of his regular rate for hours worked in excess of 40 hours per week. He also claimed that he was constructively terminated from his job. Landlord pointed out that the applicable regulation was Section 141-1.4 of the Minimum Wage Order for Building Services Industry, which stated that an employer was required to pay an employee "except a janitor" overtime at time and a half after 40 hours per week. The court ruled against the building super. The super had resigned from his job, had work performance problems, and had accepted another job before resigning. A complaint he filed with the Division of Human Rights was dismissed, and he didn't appeal. There was no question of fact requiring a trial in this case.

Mancero v 242 East 38th Street Tenants Corp.: 40 Misc.3d 1213(A), 2013 NY Slip Op 51169(U) (Sup. Ct. NY; 7/12/13; Jaffe, J)