Memorial Sloan Kettering cleaners sue contractor for unpaid OT

Workers filed a class-action suit against cleaning companies contracted by Memorial Sloan Kettering Cancer Center over allegations that they were not paid overtime wages for hours worked.

The lawsuit, filed last week in the Southern District of New York, named Valley Stream-based Wyngate Service Management Corp.; Elmhurst-based NY Prime Restoration; and Haltom City, Texas–based BMS Cat as defendants. Memorial Sloan Kettering was not named as a defendant.

There could be as many as 50 people affected by the alleged actions of the defendants, said Louis Pechman, head of Pechman Law Group, which is representing the plaintiffs.

According to filed documents, Memorial Sloan Kettering had contracted with the defendants to clean and decontaminate facilities treating Covid-19 patients in March. Filings alleged that the defendants had failed to pay overtime wages for hours worked over 40 hours a week as well as provide wage notices, violating rights provided by New York Labor Law, the Fair Labor Standards Act and other labor laws.

Under the laws, the workers could be entitled to back pay and double damages for violations, Pechman said. Total damages cannot be estimated until the case goes into discovery, he added.

"Our belief is that BMS Cat and other parties are benefiting from these lucrative contracts from hospitals during the pandemic, and they have the responsibility to ensure that these essential workers are getting fairly paid," Pechman said.

Summons were issued to the defendants on Monday, but no responses have been received yet, according to the court docket.

BMS Cat and the other defendants did not respond to a request for comment. Memorial Sloan Kettering declined to comment.