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Garcia v. 2390 Creston Realty LLC

FLSA Overtime Claim Not Plausibly Stated; NYLL Unpaid Wage Claim Dismissed

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OPINION & ORDER In this putative collective and class action, Plaintiff Ernesto Garcia (“Plaintiff” or “Garcia”), a former resident janitor for a residential building, brings wage-and-hour and recordkeeping claims against his former employers Defendant 2390 C LLC and Denali Management Inc. (together, “Defendants”).1 (“AC,” ECF No. 15.) Plaintiff asserts claims under the Fair Labor Standards Act (“FLSA”), 29 U.S.C. §§201 et seq. and the New York Labor Law (“NYLL”) §§190 et seq., §§650 et seq. Defendants have moved to dismiss the Amended Complaint under Federal Rules of Civil Procedure 12(b)(6). (ECF No. 46.) For the following reasons, Defendants’ motion is granted. BACKGROUND The facts herein are drawn from the Amended Complaint (“AC”) and taken as true for purposes of this motion. I. Factual Background From January 2019 until September 26, 2022, Plaintiff worked as a resident janitor at 2390 Creston Avenue, Bronx, New York 10468 (the “Property”). (AC 43.) The Property is a five-story residential building with 20 units. (Id. 32.) From at least January 2019 until December 9, 2021, Defendant 2390 Creston Realty LLC owned the Property.2 (Id. 33.) Defendant 2390 C LLC then acquired the Property, and now Defendant Denali Management Inc. manages and maintains it. (Id. 33.) Plaintiff was employed by Defendants until he voluntarily terminated his position on September 26, 2022. (Id.

36, 46.) Plaintiff worked at the Property Monday to Friday from 10 a.m. to 5 p.m. and half days on Saturdays, for a total of five and one-half days per week. (Id. 47.) Plaintiff typically worked 40 hours per week and was paid the appropriate rate for his janitorial services — a flat rate of $270 per week and a rent-free basement apartment. (Id.

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