FIDELIS LAWSUIT

Fitapelli & Schaffer recently filed a lawsuit seeking unpaid overtime on behalf of Marketing Representatives who have worked for Fidelis. We are seeking to have the Federal Overtime claims under the FLSA certified as a collective action, in which we would mail notices to all Marketing Representatives who worked for Fidelis. If someone sends back the form, they will opt-in to the case and be eligible for Double Damages. We are also seeking to have the case certified as a class action pursuant to the New York Labor Law. Employees of Fidelis should be aware that the company cannot retaliate against them in any way, should they choose to participate in the lawsuit and attempt to recover unpaid overtime for all hours worked over 40 per week.

Fidelis is an example of an “off the clock claim” because we believe employees worked over 40 hours per week, but submitted time sheets stating they worked only 37.5 hours per week. The law is clear, that overtime must be paid for all hours an employee is suffered or permitted to work. If an employer knew, or should have known that their employees were working over 40 hours per week, they may be liable for unpaid overtime.

SOFRITO CASE UPDATE

F&S is pleased to announce that the Judge has certified the case as a collective action, meaning that we will be sending notices to anyone who worked at Sofrito and Sazon as a tipped employee in the past 3 years. If someone sends back the form, they will be included in our case.

MAJOR WORLD UPDATE

F&S is pleased to announce that our motion for class certification was granted by the Court. As a result, we will be sending notices to all Major World car salespeople in the next few weeks, giving them the option to join the case.

AMERICAN CHOICE DELI LAWSUIT

F&S filed an unpaid overtime lawsuit against American Choice, an upscale deli located in the Lower East Side.

FLUTE BAR LAWSUIT

Fitapelli & Schaffer filed a class action lawsuit against Flute Bar, a well-known champagne lounge in NYC for failing to pay proper wages to its staff. Among the claims are failure to pay minimum wages, overtime, spread of hours and improper taking of tips by managers.

YANKEE STADIUM WORKERS' LAWSUIT

Fitapelli & Schaffer filed a class action lawsuit against Legends Hospitality and Volume Services, companies that provide food and beverage services in Yankee Stadium. The lawsuit alleges the companies retained the 20% service charge that is added for in-seat service. We allege that customers in the field-level seats are misled into believing the 20% mandatory service charge is a gratuity that goes to the workers. In fact, the employees do not receive any of the 20%. Service charge violations are common in the catering and banquet industries.

KPMG LAWSUIT

Fitapelli & Schaffer filed a class action lawsuit against KPMG in the Southern District of New York. We allege our client, who worked as an advisory associate, is entitled to overtime pay. We are seeking to have the case certified as a nationwide collective action and a New York class action. Current or former KPMG employees should contact us to join the case.