Five Things You Need to Know: 4/3, Monday Edition

1) Former FL Cleaning Co. Employee Sues for Unpaid and Improper Wages  

Orlando, FL man James Sanchez filed a complaint last week against Federal Cleaning Contractors Inc., alleging unpaid and improper wages in violation of minimum wage law and workers' compensation acts. "According to the complaint, the plaintiff alleges that he has suffered loss of earnings for working additional hours in excess of 40 per week, frequently 56 hours a week or more, since his hire but was not paid proper overtime wages by the defendant at the statutory rate of one and a half the regular rate of pay," writes Jenie Mallari-Torres of the Florida Record. "Therefore, he claims he was not paid the proper minimum wage as dictated by law." Sanchez requests trial by jury, judgement against the cleaning company, lost wages reimbursement, whatever the court deems proper in further relief and court costs. 

2) NY: Plea Deal Finalized in Undocumented Worker's Death on a Job Site   

A plea deal with Sky Materials Corp. finalized last week, writes John Riley of Newsday. "The Long Island-based excavation subcontractor whose immigrant worker was buried alive in a cave-in on a Manhattan construction site in 2015 has agreed to pay a $10,000 fine and a $100,000 OSHA penalty as part of a manslaughter plea, according to a plea agreement," writes Riley. The plea deal is the fourth criminal conviction involved in undocumented Ecuadorian Carlos Moncayo's death, in which the 22-year-old was crushed after a trench collapsed on a job site in April of 2015. In a separate case, the company was also charged for lying about payroll to save on workers' compensation premiums, writes Riley. "Sky owner Michael Cholowsky, 53, of Manhasset, also faces charges in the insurance fraud case, and was not covered by the plea deal. His case is set for a hearing in June." Harco Construction LLC based out of Manhattan was previously convicted of manslaughter and fined $10,000. "Harco site supervisor Alfonso Prestia pleaded guilty to criminally negligent homicide, and Sky foreman Wilmer Cueva was convicted of criminally negligent homicide. Prestia got probation, and Cueva was jailed," according to the article. As part of the plea deal, Sky can continue to do business, but only under certain circumstances, including taking "remedial steps" to improve safety on job sites, writes Riley.  

3) Former PA Production Company Employee Sues for Unpaid and Improper Wages 

Philadelphia man Matthew Burres filed a complaint mid-March against his former employer and production company Alkemy X Inc. fka Shooters Inc. and its CEO Justin B. Wineburgh, alleging retaliation, unpaid and improper wages, wrongful termination and violation of workers' compensation acts, writes Louie Torres of the Penn Record. "According to the complaint, Burres, who was employed as an editor, alleges that he sustained damages from not being paid overtime wages," writes Torres. "The plaintiff holds the defendants responsible because they allegedly retaliated against the plaintiff by terminating his employment for complaining about not being paid any overtime." Burres requests trial by jury, unpaid compensation, interest, court costs, and whatever the court deems proper in further relief.  

4) NJ Union Files Complaint for Nurse Attacked on the Job by a Patient  

New Jersey nurse Sandra Giancarlo was attacked at Bergen Regional Medical Center by a patient in January 2015, according to a Petrillo & Goldberg Law blog post. "The patient, who was, by all accounts, much bigger than Giancarlo, scratched her face, tore her hair out, and injured her knee and back. She had to have surgery, take medication for the pain and have sessions with a psychiatrist," according NJ.com, referenced in the blog post. The Health Professions and Allied Employees union filed a complaint on behalf of Giancarlo, contending that the hospital didn't provide a safe environment for the nurse. The hospital refuted, so an arbitrator heard the case. The arbitrator issued a ruling that the lack of staff on that day didn't lessen the danger of said threat. "The arbitrator also said that the union presented a convincing case that the hospital was in violation of the collective bargaining agreement with the union, and had to pay for medical and psychological expenses for which there was no coverage under workers’ compensation," according to the post. 

5) Canadian Residential Service Worker's Death Ruled Related to Workplace Bullying  

Canadian (Charlottetown, Prince Edward Island) resident Eric Donovan had a heart attack in 2013... after his wife told him he needed to go on stress leave. He died 11 days later at age 41, writes Ryan Ross of The Guardian. "On Dec. 2, 2016 the Workers Compensation Board issued a decision that found Eric’s death was related to workplace bullying and harassment while working at Queens County Residential Services," according to the article. "...Eric worked there for 17 years and Lisa alleged his supervisor Nadine Hendriken bullied him to the point that stress, anxiety and fear caused his heart attack. Lisa spent three years fighting to have that bullying ruled as the cause of her husband’s heart attack." The autopsy proved no pre-existing medical conditions and nothing physically wrong with his heart. "...That led to the conclusion the evidence weighed more heavily in favor of bullying and harassment causing the heart attack, writes Ross. "With the decision, Lisa will get undisclosed spousal benefits on a monthly basis until she turns 65 and a one-time lump sum payment of $10,000."  

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