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.

EL CONDE LAWSUIT

Fitapelli & Schaffer filed a lawsuit against El Conde Steakhouse in Manhattan for failing to pay minimum wage and overtime to tipped employees. We allege our clients were paid $30 per shift, regardless of the number of hours they worked. If someone worked at the restaurant in the past six years, they can join the case.

WILD GINGER LAWSUIT

F&S filed a class action lawsuit against Wild Ginger, a well-known Thai restaurant in Great Neck, NY. We allege Wild Ginger failed to pay its hourly service workers minimum wage, overtime and illegally distributed a portion of their tips to non-tip eligible employees.

SOFRITO RESTAURANT

F&S filed a lawsuit today in the Southern District of New York against Sofrito and Sazon,, two restaurants known for serving upscale Puerto Rican cuisine. In 2010, Carlos Beltran of the New York Mets acquired a 25% partnership interest in Sofrito. The lawsuit alleges failure to pay proper wages. We will seek to have the case certified as a class action, covering all employees who have worked at the restaurant since it opened in 2006.

MERRILL LYNCH and BANK OF AMERICA LAWSUIT

Fitapelli & Schaffer filed a new lawsuit today against Merrill Lynch and Bank of America for failing to pay overtime to Senior Specialists. We are seeking to certify the case as a nationwide collective action. Many salaried employees are unaware of their rights and their entitlement to overtime pay. People interested in recovering their lost wages should join this case as soon as possible.

SUPERSOL LAWSUIT

Fitapelli & Schaffer filed a class action lawsuit in the Eastern District of New York against Super Sol, a well-known chain of Israeli supermarkets for failing to pay overtime to their hourly employees. If you are an hourly employee and not being paid for all hours worked, call us for a free consultation.

VERA WANG LAWSUIT

F&S filed a lawsuit against Vera Wang, the world famous fashion designer for failure to pay overtime to administrative assistants. Many salaried employees are entitled to overtime, but do not know it. An overtime claim can be brought within 6 years. Please call us if you believe a prior job failed to pay you overtime.

GOLD'S GYM LAWSUIT

Fitapelli & Schaffer filed a class action lawsuit against Gold's Gym for failing to pay proper wages to personal trainers. We filed the case in the United States District Court, Southern District of New York.

U-YEE SUSHI & HIBACHI

F&S filed a case against U-Yee Sushi & Hibachi in New Jersey for failing to pay proper wages, including overtime. We allege waiters were not entitled to keep all their tips, by having to tip-out the kitchen workers, which is an illegal practice.