US
ESMay 22
Zara Reaches $1.25M Settlement in Workers’ Overtime Lawsuit
Employees of Zara, represented by Brian Schaffer and Hunter Benharris of Fitapelli & Schaffer, reach $1.25M settlement in workers’ overtime lawsuit.
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NEWS & EVENTS
Apr 12
Workers Allege Urgent Care Disregards Overtime and Minimum Wage Laws
Plaintiffs alleged in a lawsuit filed Wednesday that Medrite LLC violated both the Fair Labor Standards Act and New York Labor Law by compensating them bi-weekly instead of weekly and failing to pay them for their final weeks of work.
Oct 2
NY Delayed Compensation Cases See Surge in Filings for Manual Workers
In a remarkable turn of events, a surge in delayed compensation claims among New York’s manual labor force has unfolded after a century of legislation.
Sep 18
Banana Republic’s Biweekly Pay Lawsuit from NY Workers Must Proceed
A New York Federal Judge refuses to dismiss a lawsuit that claims Banana Republic provides biweekly paychecks to manual laborers, despite state law mandating weekly pay. The judge agrees with a magistrate judge’s assessment that the allegations are sufficiently substantial to proceed in court.
Sep 7
New York Judge Permits Late Payment Cases Under Labor Law
This recent ruling may empower workers to pursue cases of overdue payments in New York.
Aug 29
Wells Fargo’s $16.6M Overtime Lawsuit Nearing Finalization
Mortgage Consultants at Wells Fargo are close to receiving their owed wages for unpaid overtime in a $16.6M settlement.
Nov 17
Hourly Workers for Old Navy in NY Continue Forward with their Untimely Wage Pay Claims
A Magistrate Judge has just sided with Old Navy workers in NY allowing their case to move forward alleging they should have been paid weekly instead of biweekly for their work.
Nov 17
Untimely Weekly Pay Claims Gain Traction
Our case for untimely wages against Zara retailer continues to successfully move forward.
Oct 19
Tipped Workers for Bao and Uluh Restaurants in NYC Secure Collective Action Status
Tipped workers for the Bao and Uluh Restaurants in Manhattan have been granted conditional collective certification for unpaid wages. This will allow plaintiffs to notify all affected tipped workers of their claims to recover minimum wages, overtime compensation, unlawful deductions, tip misappropriation, spread of hours pay, and other damages.
Aug 11
Our Of Counsel, Steven Sack, Receives Rave Review on New Book
Our very own, Steven Sack, receives his first rave review on his most recent book, FIRED! Protect Your Rights & FIGHT BACK If You’re Terminated, Laid Off, Downsized, Restructured, Forced to Resign or Quit.
May 24
Tipped Workers for Bao and Uluh Restaurants in NYC Sue for Unpaid Wages
A collective and class action lawsuit has recently been filed against restaurant owners of The Bao and Uluh Restaurants in Manhattan for unpaid wages. This lawsuit seeks to recover minimum wages, overtime compensation, unlawful deductions, tip misappropriation, spread of hours pay, and other damages for similarly situated workers.
Mar 25
Walmart Hourly Workers Allowed to Continue Class Action Claiming Late Pay in NY
The class action lawsuit filed against the grocery chain and retailer, Wal-Mart Associates, Inc. (collectively, “Wal-Mart”), in May of last year continues to move forward successfully. Recently, A New York federal judge denied Walmart’s motion to dismiss worker’s claims that they were paid late under the New York Labor Law.
May 5
Zara Hourly Workers Win Class Action Status for Unpaid Overtime
The class action lawsuit filed against the nationwide retailer, Zara USA, INC. and INDITEX USA LLC, in May of last year continues to move forward successfully. Recently, the retail workers who brought the case forward requested that the proposed class of employees, which includes stock associates, sales associates, cashiers, and other similarly situated hourly workers be conditionally certified as a class in order to send notice alerting all potentially affected employees about the lawsuit and their rights. The case, which seeks to recover unpaid overtime for all hourly workers of Zara throughout the United States, has just had their motion for conditional certification and notice granted.
Mar 18
Wells Fargo Loan Officers Win Certification in Unpaid OT Lawsuit
This Law360 discusses the significant win Wells Fargo loan officers were handed after being allowed to move forward with notifying employees nationwide of their right to seek unpaid wages under the Fair Labor Standards Act (“FLSA”). A Pennsylvania federal judge agreed to conditionally certify this group of mortgage consultants that alleged the established banking and lending giant failed to accurately record and pay for all their hours worked when working over 40 hours per work week. Affected employees may include include all current and former mortgage officers that worked overtime for Wells Fargo between May 2016 and the present.
Jun 10
Employees of Road Engineering Co. Sue for Unpaid Overtime
This Law360 article discusses our firm’s proposed class action lawsuit against Gorman Group, LLC, a road engineering company, for unpaid overtime wages. Gorman Group has allegedly failed to pay its employees for travel time, which often was up two hours daily, that went unaccounted for when calculating their overtime pay. sexual harassment lawsuit of a Pure Yoga attendee that was accosted by her instructor. The lawsuit is looking to recover unpaid overtime wages, unlawful deductions of wages, liquidated damages, pre- and post-judgment interest, attorney fees as well as statutory penalties.
Apr 22
Pure Yoga Sued for Sexual Harassment
This NY Post article highlights our firm’s sexual harassment lawsuit of a Pure Yoga attendee that was accosted by her instructor. Pure Yoga, owned and operated by Equinox, has two locations in New York City. The plaintiff in this matter was a long time member of Pure Yoga. The lawsuit is looking to recover punitive damages, attorneys’ fees and costs, and other legal and equitable relief from Equinox and the instructor.
Oct 3
Day Rate Workers for EnSite Sue for Unpaid Overtime
A recent news article posted by Texas Record highlights the class action lawsuit brought against Ensite USA by day rate employees represented by our firm alongside with Bruckner Burch PLLC. This project management company based out of Houston, Texas allegedly did not pay its day rate workers the appropriate wages. The lawsuit seeks to recover unpaid overtime, liquidated damages and attorneys’ fees and costs.
Jan 11
Beatrice Inn Faces Unpaid Wages Lawsuit
Fitapelli & Schaffer, LLP has filed a class action wage lawsuit against the Beatrice Inn restaurant, a high end West Village chop house known for its extravagant steak options. According to the lawsuit, Butcher’s Block Hospitality, LLC and Angela Mar, owners of the Beatrice Inn restaurant failed to pay its tipped workers overtime compensation, minimum wages, misappropriated tips, and other damages. Employees that would be affected by the lawsuit include tipped workers such as bartenders, barbacks, captains, and others in similar non-managerial positions.
Jan 3
F&S Partner Brian Schaffer Interviewed Regarding Top Cases to Watch for In 2018
Law360’s recent article delves into some of New York’s highest profile cases that hope to have significant action in the courtroom this year or see some sort of resolution in 2018. The cases to watch include allegations of presidential sexual misconduct, women lawyers’ equal-pay claims, the sentencing of former pharmaceutical executive Martin Shkreli, and former banker Jennifer Sharkey’ s ongoing fight against JPMorgan Chase & Co.
Oct 31
Settlement for F&S’s $19.1M Wage Deal is Preliminarily Approved by Federal Judge
Fitapelli & Schaffer is pleased to announce the preliminary approval of a revised $19.1 million settlement against TGI Friday’s Inc. by a class of 28,000 tipped employees. A settlement that was originally denied by the Judge resurfaced after specific provisions were removed.
Oct 5
F&S Sues Celeb Lawyer and Restaurateur TV Personality in Sex Discrimination and Retaliation Lawsuit
Fitapelli & Schaffer, LLP has filed a lawsuit for sexual harassment and retaliation against Prova Pizzabar co-owned by the former judge of “Iron Chef America”, Donatella Arpaia, and celebrity lawyer, Mark Geragos. The pair is being accused of not properly managing sexual harassment complaints at their Grand Central Terminal pizzeria, terminating the employee who was accosted, and retaliating against her. The former employee claims she was subject to constant sexual harassment at the hands of her co-worker and that she was terminated after complaining about it to her supervisor.
Sep 27
Chipotle Apprentices Class Action Overtime Case to Get a Second Look
An unpaid overtime lawsuit against Chipotle that was initially filed by Fitapelli & Schaffer, LLP and two other labor law firms in November 2012 had been seemingly stopped in its tracks in March of this year. The lawsuit had accused the fast food Mexican chain of wrongfully denying its apprentices overtime and that they had misclassified them as managerial workers. A judge ruled that the lawsuit could not be brought as a class since Chipotle stores in different areas operated differently. The differences in operation affected how workers in the apprentice roles spent their time performing managerial duties such as disciplining workers and autonomously creating schedules for other employees.
Sep 20
TGI Friday’s Wage Action Settles for $19.1M
Our firm is proud to announce a record breaking settlement amount of $19.1 million for almost 29,000 TGI Friday’s tipped workers. This result was reached in order to resolve several claims alleging federal and state wage violations. TGI Friday’s, the restaurant chain with an international presence, ultimately agreed to settle in order to eliminate the risk, cost, and delay of years of further litigation. The lawsuit affected TGI Friday’s tipped workers in the following nine states: New York, New Jersey, Michigan, Maryland, Florida, Illinois, Connecticut, Colorado, and California.
Sep 5
Fitapelli & Schaffer Featured in NY Super Lawyers 7 Years in a Row
Fitapelli & Schaffer, LLP, through its commitment and perseverance in helping recover tens of millions of dollars for its hard working clients, has once again been named to Super Lawyers. The firm focuses exclusively on employee rights and has achieved substantial results in cases relating to unpaid wages, overtime pay, tips and commissions, as well as
discrimination, wrongful termination and whistleblower matters. Click below to read more about the firms success.
Apr 12
F&S Presents Charitable Award to NELP
F&S Presents the National Employment Law Project (NELP) with a $30,000 Charitable Award Following a Class Action Settlement.
Feb 16
Nissan Dealership Sales Reps Seek Cert. In FLSA Suit
Sales representatives for the Nissan dealership of Star Auto Group asked a New York federal judge on Tuesday to grant conditional certification in a Fair Labor Standards Act (FLSA) case alleging they were paid less than the minimum wage and shorted commission.
Sep 30
Three F&S Lawyers Named New York Super Lawyers and Rising Stars in 2016
Armed with deep experience in class and collective actions, Fitapelli & Schaffer successfully fights to right workplace wrongs for employees. The firm is committed to making an impact and ensuring employees get treated fairly. Its lawyers have won numerous victories against major employers in state and federal courts nationwide.
Jul 12
Rosa Mexicano Hit With Nationwide FLSA Class Action
Four former Rosa Mexicano service employees filed a putative nationwide class action against the upscale Mexican restaurant chain in New York federal court Friday, claiming it routinely violated state and federal labor laws by, among other things, failing to pay overtime and minimum wages.
May 2
Auto Sales Reps Want Final OK of $5.5 Million Settlement
Nearly 90 current and former sales representatives of car dealers asked a New York federal court Thursday for final approval of a $5.5 million class action settlement over New York labor law claims, saying the deal is fair, reasonable and adequate.
Apr 22
Servers, Other Tipped Staff Allege P.F. Chang’s Shorted Them Pay
Servers and other tipped restaurant workers have sued P.F. Chang’s in federal court, claiming the casual Asian restaurant chain didn’t pay them what was required by wage laws.
Feb 17
Delmonico’s Restaurant Accused of Skirting Minimum Wage Laws
Workers at Delmonico’s Italian Steakhouse claim management circumvented minimum wage laws by forcing tipped workers to complete a significant amount of cleaning and food prep without compensating them properly.
Nov 12
F&S Partner Interviewed Regarding New York Women’s Equality Laws.
Cuomo signs antidiscrimination legislation aimed at protecting women
Oct 22
F&S Partner Interviewed by Reuters Regarding Age Discrimination
Ageism in U.S. workplace: a persistent problem unlikely to go away.
Sep 30
F&S Partners are Honored to be featured in Super Lawyers Magazine for 2015
Fitapelli & Schaffer, LLP is a leading employment law firm, earning a reputation for aggressive advocacy and impressive results.
Jun 19
Banquet Waiters File Class Action for Unpaid Tips
Yankee Stadium’s hospitality company paid banquet servers less than minimum wage and stiffed them on overtime compensation, lawsuit claims
Jun 19
Celebrity Chef Sued for Wage Violations
Worker lawsuit on chef’s plate
Jun 19
Chipotle Loses Motion Regarding Attorney-Client Privilege
Chipotle Mexican Grill Inc. must turn over attorney-client communications because it did not meet a “good-faith” compliance requirement under federal labor law, a New York federal magistrate judge ruled on Thursday in a collective action brought by employees who allege the chain misclassified them as overtime-exempt executives.
Jun 19
Class Action Filed Against Raymour & Flanigan for Unpaid Commissions and Overtime Wages
Raymours Furniture Co. on Wednesday was slapped with a putative class action in New York federal court, alleging the retailer improperly withholds overtime and commission wages from its sales associates.
Jun 19
Class Action Filed against TGI Fridays For Unpaid Wages.
TGI Friday’s, one of the nation’s most popular casual dining chains, has been named in a class action lawsuit for systematically underpaying tipped workers.
Jun 19
Daniel Boulud’s Motion for Judgment on the Pleadings Denied
A New York federal judge on Thursday denied a bid by celebrity chef Daniel Boulud to escape a claim alleging tipped restaurant employees are being underpaid for performing nontipped tasks, finding the issues were “too complicated” to be resolved early in the litigation.
Jun 19
Fitapelli & Schaffer Featured on Super Lawyers List of Rising Stars
Fitapelli & Schaffer is a New York City employment law boutique that focuses on wage and hour class and collective actions.
Jun 19
Fitapelli & Schaffer Honored by Prominent Workers’ Rights Organization
Fitapelli & Schaffer, LLP is dedicated to promoting justice and equality in the workplace.
Jun 19
FLSA Certification Granted in Yankees Catering Case
A New York federal judge on Thursday granted conditional certification in a collective action accusing the New York Yankees Partnership and a catering company co-owned by the Yankees of failing to pay the caterer’s waitstaff minimum wage, tips and other compensation.
Jun 19
FLSA Class Certification Granted Against Chipotle
A New York federal judge granted collective action certification Thursday in a lawsuit accusing Chipotle Mexican Grill Inc. of misclassifying workers as overtime-exempt executives, rejecting Chipotle’s argument that the plaintiffs couldn’t identify an illegal policy or plan with classwide impact.
Jun 19
Four locations of internationally known catering chain sued for tip misappropriation
A lawsuit filed Monday alleges that the Giuseppe Cipriani’s famed event, catering and restaurant enterprise violates federal and New York state labor laws, according to Outten & Golden LLP and Fitapelli & Schaffer, LLP.
Jun 19
F&S Completes New Office
As part of our continued growth, Fitapelli and Schaffer LLP is proud to announce the completion of our new office located on the 12th Floor of 475 Park Avenue South, New York, New York.
Jun 19
F&S Defeats Barnes & Noble’s Motion for Summary Judgment for Salaried Assistant Managers
A New York federal judge on Friday refused Barnes & Noble Inc.’s bid to sink a class action lawsuit alleging the bookseller stiffed its assistant store managers overtime pay, ruling that questions remain over whether the employees’ job duties excluded them from federal overtime pay law.
Jun 19
F&S Interviewed Regarding NY Minimum Wage Increase
Future Raises Could Be Sticking Point In NY Wage Fight
Jun 19
F&S on CBS News
On August 8, 2010, Brian Schaffer of Fitapelli & Schaffer was a featured guest on CBS Eye on New York.
Jun 19
F&S Partner Brian Schaffer interviewed regarding Alienage Discrimination
A New York federal class action claiming Northwestern Mutual Life Insurance Co. Inc. discriminated against a Mexican national enjoying protection from deportation marks a cagey attempt to leverage a Civil War-era ban on race bias in contracts and will leave many businesses vulnerable to so-called alienage suits if it succeeds, lawyers say.
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