NY Employment Lawyers for Wage and Hour Violations

FIDELIS LAWSUIT

2011-10-13T11:30:00.000-07:00

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

2011-07-23T15:43:00.000-07:00

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

2011-07-21T08:33:00.000-07:00

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

2011-06-09T06:39:00.001-07:00

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

FLUTE BAR LAWSUIT

2011-06-02T07:19:00.000-07:00

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

2011-05-09T15:01:00.000-07:00

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

2011-05-03T08:33:00.000-07:00

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

2011-05-03T08:22:00.000-07:00

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

2011-04-23T07:53:00.000-07:00

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

2011-04-15T07:57:00.000-07:00

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

2011-04-08T10:24:00.000-07:00

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

2011-03-18T07:29:00.000-07:00

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

2011-03-05T14:58:00.001-08:00

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

2011-02-24T14:36:00.000-08:00

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

2011-02-17T11:17:00.000-08:00

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.

1st DIBS.COM LAWSUIT

2010-12-22T14:05:00.001-08:00

Fitapelli & Schaffer filed a collective action lawsuit today against 1stdibs.com, a well-known internet retailer, for allegedly failing to pay overtime to their image processors. Either though our clients were paid a weekly salary, we believe they were entitled to overtime pay. If employees are paid under $100,000 per year, they are likely entitled to overtime pay. Please visit our website at http://www.fslawfirm.com/unpaid-overtime.html for more information.

LEMONGRASS GRILL LAWSUIT

2010-11-19T09:59:00.000-08:00

Fitapelli & Schaffer, LLP filed a class action lawsuit today in the Eastern District of New York against Lemongrass Grill, which operated Thai restaurants in Brooklyn and Manhattan. We allege that Lemongrass failed to pay waiters any wages for a period of many years. This is a common violation in the restaurant industry- even if employees receive tips, they still must be paid proper minimum wage and overtime.

HIRO BALLROOM LAWSUIT

2010-11-13T10:48:00.001-08:00

Fitapelli & Schaffer, LLP filed a Class Action Lawsuit filed against Hiro Ballroom and Cabanas, two nightclubs located in the Maritime Hotel in the Meatpacking District for allegedly failing to pay service charges and gratuities to Waitresses and Bartenders.

FRIENDLY'S LAWSUIT

2010-10-30T10:28:00.000-07:00

Fitapelli & Schaffer, LLP filed a class action lawsuit against Friendly's in Staten Island, NY for failing to pay minimum wage and overtime. Our client worked between 60 and 80 hours per week, and was only paid for 20 to 40 hours. This is a common illegal practice in the restaurant industry.

HARRY WINSTON LAWSUIT

2010-10-07T12:54:00.000-07:00

Fitapelli & Schaffer filed a lawsuit today against Harry Winston, the world-famous "Jeweler to the Stars." The lawsuit was filed in Supreme Court, New York County. We allege our client was discriminated against based on his medical condition and fired after requesting reasonable accommodations.

EAST RESTAURANT LAWSUIT

2010-09-24T09:40:00.000-07:00

Fitapelli & Schaffer filed a class action today in Federal Court against East, a chain of Japanese restaurants with six locations in New York and New Jersey. We allege that our clients, who worked as waiters in the Palisades Mall location were denied all tips they earned, among other violations of law. Distributing tips to management and back of the house workers is a common illegal practice in the restaurant industry.

COVENANT AVIATION SECURITY LAWSUIT

2010-09-24T09:31:00.000-07:00

Fitapelli & Schaffer filed a lawsuit against Covenant Aviation Security in Supreme Court Kings County. The Plaintiff, Adolphe Ladouceur alleges he was terminated based on religious discrimination. An employer must provide reasonable accommodation for religious beliefs.

PHARMACEUTICAL SALES REPS

2010-07-06T15:29:00.000-07:00

An Appeals Court in New York has just decided that sales representatives are entitled to overtime pay. If you are a sales representative working long hours, please call us for a free consultation.

Mandatory Service Charges/Gratuities

2010-06-24T14:54:00.000-07:00

An Appeals Court in New York has decided that the law regarding service charges and gratuities will apply retroactively. Therefore, if an employee worked at a bar or restaurant in the last SIX YEARS, they can recover these wages.

1 OAK

2010-06-20T10:35:00.001-07:00

Fitapelli & Schaffer filed a class action lawsuit against 1 Oak, alleging the club improperly paid doormen and hostesses tips, in violation of the law. We believe many nightclubs in New York City violate the law regarding tips, service charges and mandatory gratuities. If you work for one of these clubs, please call us for a free consultation.

PENTHOUSE CLUB, SCORES

2010-06-20T10:30:00.000-07:00

Fitapelli & Schaffer filed a lawsuit against two famous strip clubs in New York City, Penthouse and Scores, alleging non-payment of wages. Employees who work at these clubs, such as exotic dancers and waitresses are frequently paid incorrectly. If you work at these clubs, please call our firm for a free consultation.

PIO PIO

2010-06-20T10:27:00.000-07:00

Fitapelli & Schaffer, LLP filed two lawsuits against Pio Pio, a Peruvian restaurant chain with locations in Manhattan, Queens and The Bronx on behalf of waiters and kitchen staff who were not paid minimum wage and overtime, even though they worked over 40 hours per week. If you work for a restaurant and do not receive minimum wage or overtime pay, please call our firm for a free consultation. This case was featured in the news: http://www.youtube.com/watch?v=vAYe5DQd5lU.

FRANKLIN FIRST FINANCIAL

2010-06-20T10:25:00.000-07:00

Fitapelli & Schaffer, LLP filed a lawsuit against Franklin First Financial on behalf of loan officers who were not paid minimum wage and overtime, even though they worked over 40 hours per week. If you work for a financial institution and are paid commission only and do not receive overtime pay, please call our firm for a free consultation.

MERRILL LYNCH/BANK OF AMERICA LAWSUIT

2010-06-20T10:22:00.000-07:00

Fitapelli & Schaffer, LLP filed two collective action lawsuits against Merrill Lynch and Bank of America on behalf of senior specialists who were not paid overtime, even though they worked over 40 hours per week. If you work for a financial institution and do not receive overtime pay, please call our firm for a free consultation.

WALMART CLASS ACTION

2010-06-08T19:28:00.000-07:00

Over six years before getting hit with the largest sex discrimination lawsuit in history, a prominent law firm warned Wal-Mart and Sam's Club that their organization was rife with widespread gender disparities in pay and promotion. The environment was so bad the lawyers urged the company to take such basic steps as posting all job openings and creating specific goals to promote women and minorities--or risk facing significant liabilities. These steps would be just the beginning, but without significant changes to the way it did business, Wal-Mart would find it difficult to "fashion a persuasive explanation for disproportionate employment patterns." Wal-Mart decided to ignore this advice.

If you believe you are being paid differently than your co-workers based on your gender, please call our firm for a free consultation.

HUGE DISCRIMINATION JURY VERDICT

2010-05-21T19:19:00.000-07:00

A New York Court recently awarded over $250 million in damages against Novartis, a pharmaceutical company. The jury concluded that Novartis discriminated against female employees for many years. If you believe you have been discriminated against due to your gender, call our firm for a free consultation.

INDEPENDENT CONTRACTORS

2010-05-03T06:59:00.000-07:00

The United States Department of Labor recently announced the creation of a task force assigned with investigating companies that wrongly classify employees as independent contractors. Companies misclassify in order to avoid paying payroll taxes, benefits, overtime and other wages. If you are called an independent contractor, and you have a set schedule, are supervised by the company and use their supplies, such as computers, you may be misclassified. Please call our firm for a free consultation.

JP MORGAN LOAN UNDERWRITERS ENTITLED TO OVERTIME

2010-04-07T12:48:00.000-07:00

A New York Court has recently decided that loan underwriters at JP Morgan are entitled to minimum wage and overtime pay. Many banks and mortgage companies pay their employees commission only, without any premium pay for overtime hours worked. If you work as an underwriter and are being paid improperly, please call Fitapelli & Schaffer, LLP at (212) 300-0375 for a free consultation.