Workers At UWS Condo Development Sue Contractors Over Lost Wages

UPPER WEST SIDE, NY — Workers who helped build a glitzy condo development on the Upper West Side are taking their employers to court over stolen wages, according to a lawsuit filed this month in federal court.

Eleven men who worked as carpenters, rebar workers, and general construction workers accused Mark McCarthy of RSK Construction and Andy and Carlos Morales of Real Innovative Construction of not payout out overtime and subtracting hours from their paychecks, according to a lawsuit filed in the district court for the Southern District of New York. The workers are demanding the contractors pay damages of $100,000 and cover any expenses of the lawsuit including legal fees.

McCarthy and Morales deprived laborers who worked more than 40 hours per week wages at a rate of one-and-a-half time their normal wages, according to the lawsuit filed in federal court. The workers claim the deprivation of overtime pay wasn't a mistake but instead "willful and intentional." The actions violate both the Fair Labor Standards Act and New York labor law.

The contractors also failed to provide written notice informing workers of their rate of pay and pay days and also failed to provide wage statements on each payout, according to the federal lawsuit. New York labor law requires these notices to be provided in both English and Spanish.

The workers were employed by the two contracting firms between April and June of 2018 to aid in the construction of The Marbury — a luxury condominium development at 164 W. 76th St. between Columbus and Amsterdam avenues — according to the lawsuit.

Workers helped convert the landmarked, pre-war building into a condominium from its previous use as a drug rehab center. Greystone Development is the developer behind the new luxury residential building. The developer anticipates the 14 new apartment units will sell for a combined $61 million, The Real Deal reported in 2017.

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