Aug 5
Posted by: Brian Schaffer
Construction company, Anning-Johnson Co., has just been accused of failing to properly pay its workers leaving them significantly underpaid. The class action lawsuit has alleged thatthe Delaware based construction company, specializing in roofing, fireproofing and wall and ceiling assistance, did not pay its laborers for time spent undergoing coronavirus screenings. According to the lawsuit, the claims of owed wages amount to a whopping $25 million.
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Jul 30
Posted by: Brian Schaffer
Amazon is set to pay $13.5 million to its warehouse workers after a decade long battle alleging owed wage claims. A federal judge in Kentucky has just granted final approval of this settlement resolving claims that the e-commerce giant failed to pay its employees for time spent waiting to clear security checks. More than 42,000 hourly Amazon warehouse workers who worked for the company from October 22, 2007 until April3, 2020 stand to benefit from this payout.
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Jul 21
Posted by: Brian Schaffer
Pharmacy chain, CVS Pharmacy Inc., has just settled claims that it owed significant wages to its California employees. The $10.4 million settlement will resolve allegations that pharmacy employees were shorted on pay for their actual hours worked. More than 24,000 employees in California who were employed for CVS as pharmacists, pharmacist technicians, pharmacy managers, and pharmacy service associates, stand to benefit from this pay out.
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Jul 15
Posted by: Brian Schaffer
Janitors that worked for ABM Industries, a facility management company, are finally seeing a massive payout to resolve claims that they were owed significant wages. The company boasts its expansive reach worldwide employing more than 100,000 employees that provide janitorial, landscaping, electrical and lighting, and energy solutions, among other services, to properties of all sizes. This $140 million settlement will be distributed to 50,000 janitors that worked for ABM between 2002 and 2013.
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Jul 7
Posted by: Brian Schaffer
A substantial win for workers in the meat processing industry has just been made in the fight for fair wages. A class action lawsuit that was filed in 2019 by employees of Pilgrim’s Pride Corp., a subsidiary poultry company of JBS, has just been settled for $29 million. This significant win will settle claims that this company along with other leading competitors in the poultry industry conspired together to keep these hard working employees’ wages low. Thousands of non-supervisory and maintenance employees at these chicken processing plants throughout the United States stand to benefit from this settlement.
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Jun 22
Posted by: Brian Schaffer
CVS Health Corp. has resolved claims brought forward by distribution center employees in California for unpaid wages. The $1.85 million settlement will end allegations that CVS did not compensate their warehouse employees for time spent waiting to undergo security checks. More than 3,500 eligible employees who worked in California distribution centers between January 16, 2015 and August 15, 2020 stand to benefit from this pay out.
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Jun 15
Posted by: Brian Schaffer
Sales Representatives of a medical device manufacturer, Zimmer Biomet, have reached a settlement that will resolve claims that their employer misclassified them as independent contractors. These claims ofmisclassification were brought under the Fair Labor Standards Act (“FLSA”) and will be settled in the $7.4 million payout. More than 250 current and former sales representatives will benefit from this agreement.
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Jun 4
Posted by: Brian Schaffer
T-Mobile call center employees have just settled their claims of unpaid wages for $2 million. Nearly 7,000 customer service representatives will benefit from this settlement that resolved allegations of unpaid overtime. These customer service representatives claimed they consistently worked off-the-clock without compensationthat resulted in unpaid overtime. This proposed class and collective action lawsuit, that was originally filed in March of 2019, was brought under the Fair Labor Standards Act (“FLSA”).
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May 27
Posted by: Brian Schaffer
Day Rate Inspectors of the energy infrastructure company, Kinder Morgan, have just settled their collective action lawsuit that alleged they were significantly underpaid. This $3.925 million settlement will help resolve claims that the company failed to properly pay these oil and gas pipeline inspectors for overtime wages. Those that stand to benefit from this payout include all Day Rate Inspectors employed by Kinder Morgan throughout the United States that were paid a day rate pay plan at any time during the last 3 years.
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May 18
Posted by: Brian Schaffer
Casino workers at a Pennsylvania casino who alleged they were owned significant wages have reached a substantial settlement to resolve their claims. The $6 million deal will settle allegations that tips were deducted from their pay without the proper notice required by the Fair Labor Standards Act (“FLSA”). Nearly 3,000 casino workers, which include non-exempt, hourly, table games dealers and other similarly situated employees, stand to benefit from this payout.
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May 6
Posted by: Brian Schaffer
Workweek scheduling violations of New York City’s Fair Workweek Law and other city laws may cost Chipotle Mexican Grill more than $150 million in owed wages and penalties. According to a complaint filed by the city, the fast food giant failed to provide its employees at numerous locations with sufficient notice or extra pay when changing their schedules last minute or requiring them to work consecutive shifts. This lawsuit is the largest the city has brought under the Fair Workweek Law which aims to recover relief for the alleged violations as well as financial penalties. The Department of Consumer and Worker Protection at the Office of Administrative Trials and Hearings filed this complaint which covers claims from November 2017, when the law went into effect, to September 2019 for nearly 6,500 New York City Chipotle employees.
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May 5
Posted by: Brian Schaffer
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.
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Apr 29
Posted by: Brian Schaffer
Security checks for Nike workers has just cost the retail company big. Nike was accused of failing to pay its retail employees for time spent waiting to clear security checks. The class action lawsuit, which was brought back in 2014 in California, has finally been resolved for over $8 million. More than 16,000 current and former hourly retail workers that were employed by Nike Retail Services between February 2010 and November 2019 stand to benefit from this $8.25 million settlement.
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Apr 26
Posted by: Brian Schaffer
Call center employees for an insurance health provider have reached a settlement resolving claims of unpaid wages. These workers alleged that their employer, Aon Hewitt Health Market Insurance Solutions Inc., failed to properly compensate them for all hours worked and both sides have asked an Illinois federal judge to give final approval of their $1.25 million class and collective action settlement. Nearly 600 call center employees stand to benefit from the $1.2 million settlement.
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Apr 16
Posted by: Brian Schaffer
Delivery Drivers or distributors of Tastykake baked goods have just resolved allegations of unpaid wages under the Fair Labor Standards Act (“FLSA”). Tastykake has agreed to pay these delivery drivers $3.15 million to resolve class action claims that they were misclassified as independent contractors and denied the proper overtime pay. More than 200 class members who worked for the company in Pennsylvania, Maryland and New Jersey stand to benefit from this payout.
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Apr 5
Posted by: Brian Schaffer
The popular supermarket chain, Publix Super Markets Inc., has opted to resolve a collective action lawsuit claiming they failed to properly compensate its employees. Deli and bakery managers at the supermarket filed a collective action lawsuit in Georgia back in 2019 under the Fair Labor Standards Act (“FLSA”) alleging they were misclassified as exempt from receiving overtime pay. Over 1,600 people employed in managerial positions within Publix’s bakery, deli, or meat departments between October 2016 and April 2019 stand to benefit from the $7.2 million payout.
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Mar 26
Posted by: Brian Schaffer
One of the biggest financial institutions in the industry has recently come under fire after an internal survey noted how many hours junior analysts were really working this past year. These internal statistics that were gathered by junior investment bankers surveyed these analysts and the toll of their mental and physical health after working painfully long work weeks for months on end. According to the survey that was leaked to social media, these alleged 100-hour work weeks caused significant burnouts to those dealing with the recent boom in deals. On top of this serious physical and mental toll, these entry level analyst positions could be owed significant wages when it comes to unpaid overtime under the Fair Labor Standards Act (“FLSA”).
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Mar 18
Posted by: Brian Schaffer
Wells Fargo loan officers have just been handed a significant win and will be 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.
These mortgage loan officers were classified as non-exempt from overtime, getting paid a draw against commission, while consistently working over 40 hours per work week without the proper compensation for overtime pay. The lawsuit, which was originally filed two years ago, alleged the following wage violations under the FLSA:
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Mar 17
Posted by: Brian Schaffer
Pandemic pay that has been offered in several industries as an incentive for many essential workers during the height coronavirus outbreak has been under much scrutiny in the last several months. For example, many workers within the meat packing industry who were offered pandemic pay as a bonus for working in dangerous conditions for months on end have now noted that their employers have failed to properly pay them during this time. This is the case with employees of pork producer Smithfield Packaged Meats Corp. who claimed they went unpaid for the proper overtime when working long hours. More than 30,000 workers stand to benefit from this $7,750,000 million settlement.
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Mar 11
Posted by: Brian Schaffer
A Domino’s Pizza franchise owner has agreed to settle claims of unpaid wages for over 3,000 of its delivery drivers. In March of 2019 pizza delivery drivers brought a class and collective action in North Carolina under the Fair Labor Standards Act (“FLSA”) and the North Carolina Wage and Hour Act (“NCWHA”) that alleged this Domino’s franchise, Team Carolinas, failed to reimburse their expenses in turn bringing their pay well below the minimum wage. The $3 million payout will settle these claims for all current and former delivery drivers who worked for Team Carolinas Domino’s locations between March 2016 and April 2020.
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Mar 5
Posted by: Brian Schaffer
DCS, a Texas based third party vendor providing services to companies in the oil and gas industry, has been sued for unpaid wages. Affected employees that brought this lawsuit forward include Day Rate Employees for the company that have alleged that they have not been properly paid for all hours worked as required by the Fair Labor Standards Act (“FLSA”) resulting in unpaid overtime. This lawsuit seeks to recover overtime pay for all current and former day rate employees who provided services on behalf of DCS who were classified as independent contractors and paid a day rate during the last three years.
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Feb 26
Posted by: Brian Schaffer
Google and one of its staffing agencies have recently agreed to settle claims that its workersweresignificantly unpaid for hours worked. The Silicon Valley staffing agency, Vaco Technology Services LLC, and Google have agreed to pay out $1.5 million in order resolve these claims brought under the Fair Labor Standards Act (“FLSA”) and California state laws. A proposed class of more than 200 workers who were involved in completing work for Google’s educational virtual reality projects stand to benefit from this payout if the settlement is approved by a federal judge.
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Feb 19
Posted by: Brian Schaffer
Bar S Services Inc. (“Bar-S”), a leading full-service provider to commercial/industrial oil and gas companies, has just been sued for failure to pay proper wages. Fitapelli & Schaffer, LLP, alongside Bruckner Burch PLLC, recently filed a class action lawsuit against the company for unpaid overtime under the Fair Labor Standards Act (“FLSA”). Affected employees include load operators, truck operators and other similarly situated laborers (collectively “Non-Exempt Laborers”), who work or have worked for Bar-S Services Inc. throughout the United States.
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Feb 5
Posted by: Brian Schaffer
Amazon was recently accused of significantly shorting its essential workers on tips and has now agreed to settle these claims for over $60 million. The Federal Trade Commission (“FTC”), a federal agency with a dual mission to protect consumers and promote competition in our dynamic economy, filed a complaint against the online retailer in late 2019 after numerous complaints from workers. The complaint alleged Amazon had several policies in place dating back to 2015 that misled workers in the Amazon Flex, AmazonFresh, and Prime Now programs into believing they would be receiving a significantly higher minimum wage as well as tips.
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Jan 28
Posted by: Brian Schaffer
Kohl’s, the department store chain, has agreed to settle a collective action alleging unpaid wages to its assistant store managers. The $2.9 million pay out will resolve claims that the retailer incorrectly classified its assistant store managers as exempt from receiving overtime. This case was brought under the federal labor law, the Fair Labor Standards Act (“FLSA”), which covers a wide range of employee rights including overtime pay.
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Jan 21
Posted by: Brian Schaffer
The number of layoffs that have been attributed to Covid by companies this past year have been astronomical. Employees often have had little to no notice when being laid off making it extremely difficult to cope during these trying times. What rights, if any, do workers have when it comes to being terminated on the fly? Existing laws, such as the federal Worker Adjustment and Retraining Notification Act (WARN Act), make it illegal for companies with 100 employers or more to fire 50 or more individuals within a short span of time without giving them two months’ notice. If an employer is found to have violated the WARN Act, its’ workers are entitled to money damages. This law is now getting a lot of attention after several employees, who were laid off by Enterprise Rent-A-Car, filed a class action lawsuit shortly after the pandemic began claiming the company violated the WARN Act with a mass layoff with zero notice.
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Jan 11
Posted by: Brian Schaffer
Fast food workers in New York City have just gained significant protections against layoffs. Two bills were signed into law this past Tuesday by Mayor Bill de Blasio adding measures to shield workers from terminations without just cause or a significant economic reason. These additional restrictions for layoffs will provide much needed job stability for fast food workers that have been facing widespread challenges in the restaurant industry during the pandemic.
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Dec 18
Posted by: Brian Schaffer
A popular convenience store chain in Pennsylvania, Love’s Travel Stops & Country Stores Inc.,has just agreed to resolve claims of unpaid wages for almost $3 million. Employees that worked as Operations Managers for Love’s throughout Pennsylvania filed a class action lawsuit back in 2017 alleging they were owed overtime pay under the Fair Labor Standards Act (“FLSA”). These Operations Managers claimed that the convenience store chain incorrectly classified them as exempt from overtime pay when working over 40 hours per work week.
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Dec 9
Posted by: Brian Schaffer
Target Corporation and Target General Merchandise, Inc. (collectively, “Target”) in New York State has just been sued for employee pay violations. Fitapelli & Schaffer, LLP filed the class action complaint on Tuesday, December 8, 2020, alleging that the grocery and retail chain failed to pay its manual workers on time. With over 80 locations in New York, Target employs more than 5,000 hourly manual workers. These manual workers such as guest advocates, inbound specialists, visual merchandisers, store attendants, cart attendants, and security specialists could potentially be affected by this lawsuit. This lawsuit seeks to recover untimely wage compensation and other damages for these similarly situated hourly workers.
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Dec 2
Posted by: Brian Schaffer
Walgreens employees have just received a preliminary approval from a federal judge in California approving a $4.5 million settlement for claims of unpaid wages. The workers alleged that the pharmacy chain violated state labor laws by failing to properly pay its employees at its distribution centers. More than 2,600 workers stand to benefit from the payout which the judge found to be fair and a good recovery considering the potential risk of going to trial. Each eligible employee, who worked at any of Walgreens’ distribution centers in California between November 6, 2014, and June 2, 2020, who does not opt out will receive approximately $1,200.
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Nov 25
Posted by: Brian Schaffer
CR England, the nation’s largest refrigerated truck company, has agreed to pay its drivers $18.6 million to resolve claims of unpaid wages. A Utah federal judge approved the settlement last week which includes a pay out for almost 13,000 current and former drivers of the company. The result was deemed an appropriate end providing immediate and substantial benefits to its Class Members. Each of the 12,802 affected drivers will be receiving at least $1,300 after all of the approved deductions.
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Nov 23
Posted by: Brian Schaffer
If you think nothing is wrong with your paycheck, you may want to take a closer look. Many workers are uncertain on how to decipher their paycheck, let alone how to tell if they have been shortchanged. With nuances in Federal Labor Laws as well as lesser known New York State and local labor laws, you have rights that may be going overlooked. Read on below to see what you might be missing:
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Nov 19
Posted by: Brian Schaffer
Fitapelli & Schaffer is proud to announce that Frank Mazzaferro, Partner, and Armando Ortiz, Associate, have been selected once again to the Super Lawyers 2020 Rising Stars list. This selective award allows no more than 2.5 percent of lawyers in the state to receive this honor. Through a research team at Super Lawyers who conduct a patented multiphase selection process that includes a statewide survey of lawyers, an independent research evaluation of candidates and peer reviews by practice area, Frank Mazzaferro and Armando Ortiz have been chosen to a list outstanding lawyers from more than 70 practice areas. Both have attained a high degree of peer recognition and professional achievement throughout the years
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Nov 17
Posted by: Brian Schaffer
Enterprise Rent-A-Car (“Enterprise”) has just been sued by its employees for allegedly not getting paid on time. The proposed class action lawsuit claims that Enterprise, the largest car rental provider in the world, has failed to pay its New York employees on a weekly basis as required by the New York Labor Law (“NYLL”). This lawsuit seeks to recover pay for untimely wages and other damages for all current and former similarly situated drivers and manual labor positions (collectively, “Manual Workers”) for Enterprise in New York State.
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Nov 12
Posted by: Brian Schaffer
Joseph Fitapelli and Brian Schaffer have been selected to this year’s NY Super Lawyers list yet again. Through their dedication and commitment to their hard-working clients, both founding partners have made the selective cut of being featured on this list. Each year, no more than five percent of the lawyers in the state are selected by the research team at Super Lawyers to receive this honor. Together, Mr. Fitapelli and Mr. Schaffer have helped recover well over 100 million dollars for their clients. The firm specializes exclusively on employee rights and has consistently achieved significant results when dealing with unpaid wages, overtime, commissions and tips, as well as wrongful termination due to discrimination and whistleblower claims.
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Nov 5
Posted by: Brian Schaffer
Tyson Prepared Foods, Inc, one of the world’s largest meat packaging and processing companies, has been sued for unpaid overtime wages. On June 23, 2020, Fitapelli & Schaffer, LLP, and Shellist Lozarz Slobin LLP filed an amended complaint that alleges Tyson failed to pay its Production Supervisors overtime and related damages with regard to wage violations. Under the Fair Labor Standards Act (“FLSA”), a federal law, these employees may be entitled to recover overtime for their tie spent working at the company. Employees who could be eligible to join this matter include current and former Production Supervisors employed by Tyson nationwide during the last three years who were paid with a salary and who did not receive overtime pay.
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Oct 26
Posted by: Brian Schaffer
Air Methods, which provides medical helicopter emergency air transport to over 100,000 patients a year throughout multiple states, will be paying almost $80 million to its employees to settle claims they owed them significant wages. A California judge has given final approval of the $78 million settlement that will compensate flight crew employees for unpaid overtime and missed breaks. The company has also committed to paying its California medical flight crews daily overtime going forward as well which has resulted in an approximate 20% increase in their salaries.
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Oct 21
Posted by: Brian Schaffer
Healthcare workers have received final approval of a $3.2 million settlement resolving claims of unpaid wages by a nurse staffing company. This nationwide hospital staffing company, Advantage RN, allegedly failed to correctly pay its workers for overtime under federal and state law. The lawsuit that was filed back in May 2017 against Advantage RN alleged violations under the Fair Labor Standards Act (“FLSA”) and California labor law which included unpaid overtime and untimely pay. More than 400 traveling healthcare workers stand to benefit from this payout.
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Oct 16
Posted by: Brian Schaffer
Facebook employees of the social media giant recently reached a $1.65 million settlement to resolve claims of unpaid overtime. More than 60 employees that were employed by Facebook as client solution managers (“CSMs”) between December 2, 2015 and June 12, 2020 stand to benefit from this settlement if the judge approves of the agreement. Each affected worker will receive a net average $15,000 after fees and costs.
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Oct 9
Posted by: Brian Schaffer
Employee reimbursement regardingbusiness expenses is on the forefront of many workers’ minds these days. This year, with a pandemic causing a dramatic change to business operations, many employers were forced to transition some, or all, of their workers to work remotely. Even though companies may have made an initial attempt to ensure their employees had the necessary technology to make the transition as seamless as possible, this is uncharted territory for many businesses and employees alike, and its important to make sure these overnight changes aren’t burning an unnecessary hole in your pocket during these challenging times. The state of California, which already has an established employee reimbursement policy in their labor code, urges employees to take a deeper look at their rights during this time. As an employee in this state that is either encouraged or required to work from home, you may be entitled to employee reimbursement. Further, as with a number of other employee rights issues, it is expected that other states will soon follow California’s lead.
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Oct 6
Posted by: Brian Schaffer
Prison guards of CoreCivic Inc., a private prison operator, have just resolved claims of unpaid wages for $3.2 million. The class action lawsuit had claimed the affected employees went unpaid for the time spent clearing security checks before and after their shifts. More than 1,200 prison guards who worked for CoreCivic in California between 2012 and 2019 stand to benefit from the settlement.
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Sep 29
Posted by: Brian Schaffer
Chipotle hourly workers in California have just settled claims for owed wages alleging that the fast food giant failed to provide required rest breaks to thousands of workers. A California state judge preliminarily approved the $1.75 million settlement that will benefit approximately 7,000 employees. The approval, that comes five years after the initial filing, has ensured that affected current and former employees are receiving the most out of the settlement.
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Sep 23
Posted by: Brian Schaffer
Early last year, Fitapelli & Schaffer, LLP, alongside Bruckner Burch PLLC, filed a class and collective action seeking overtime against MBI Energy on behalf of salaried Wireline Engineers. The case continues to move forward successfully as the Court has recently affirmed a decision granting conditional certification of the proposed class.
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Sep 22
Posted by: Brian Schaffer
Walgreens, one of the largest pharmacy chains in the United States, has just been sued by its hourly workers for unpaid wages. On September 22, 2020, Fitapelli & Schaffer filed a class action lawsuit against the pharmacy in order to recover overtime pay, timely pay and other damages for similarly situated hourly workers entitled to overtime who work or have worked at Walgreens. Hourly workers such as cashiers, greeters, and customer service associates may have claims under this class action lawsuit.
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Sep 18
Posted by: Brian Schaffer
Plant workers for Ashland Global Holdings have just received final approval of a $3.9 million settlement resolving claims for unpaid wages. The settlement is set to benefit almost 900 chemical operators that have worked at Ashland plants within the last four years. The initial collective action lawsuit, that was filed in April of last year, claimed that the company violated the Fair Labor Standards Act (“FLSA”) when their chemical operators went unpaid for time spent gearing up and taking off required protective gear as well as failing to correctly calculate overtime.
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Sep 10
Posted by: Brian Schaffer
Fraud Investigators for Farmers Insurance have recently had their class action settlement approved by the court. The $5.4 million settlement approval comes three years after the case was filed under the Fair Labor Standards Act (“FLSA”) as well California labor laws. Almost 80 investigators are set to benefit from this settlement, with each receiving, on average, $47,000, which was heralded as a “very good result” by the U.S. Magistrate Judge and believed it would “guarantee substantial relief to plaintiffs” during a time of great economic uncertainty.
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Sep 4
Posted by: Brian Schaffer
Apple, the Big Tech giant, is now liable for paying its retail workers for all hours worked, specifically, time spent waiting to go through security checks at the end of their shifts. This ruling was recently reached by the Ninth Circuit in a unanimous opinion that reversed a California judge’s decision that these security and bag checks could not be considered as work time since employees could simply avoid them by not bringing a bag. However, the three-judge panel found that time spent waiting at a job site location for required exit searches should be compensable under California labor law.
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Sep 2
Posted by: Brian Schaffer
The latest ruling to come out of the 9th circuit regarding arbitration clauses has been in favor of the worker, more specifically, delivery drivers. In a 2-1 decision, the Ninth Circuit has affirmed a previous 2019 decision that had rejected Amazon’s attempt to force its drivers in their Amazon Flex program to arbitrate their proposed class action that claimed the had been wrongfully classified as independent contractors instead of employees and kept from receiving their rightfully earned wages.
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Aug 28
Posted by: Brian Schaffer
Oil and Gas workers have just received final approval for a $4.4 million settlement resolving claims of unpaid wages in California. ExxonMobil, PBF Energy Ltd. and Torrance Refining Co. LLC will be paying out this compensation after they were accused of not properly providing their workers with break times or paying them for all their hours worked. More than 335 oil and gas workers for these companies stand to benefit from this settlement.
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Aug 27
Posted by: Brian Schaffer
Dynasty Wireline Services, LLC (“Dynasty Wireline”), the leading wireline service provider of the Permian Basin, has just been sued for unpaid wages by Fitapelli & Schaffer, LLP and Bruckner Burch PLLC. The collective action filed seeks to recover overtime compensation for similarly situated salaried case hold completion managers, wireline engineers, and similar positions (collectively “Completion Managers”) who have worked for Dynasty Wireline in the United States. More than 100 Completion Managers could stand to benefit from this lawsuit.
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