Aug 21
Posted by: Brian Schaffer
Client service managers of a market research firm in California have received preliminary approval to settle a proposed class action lawsuit to settle claims they were owed wages. These employees alleged that Information Resources Inc., incorrectly classified them as exempt from receiving overtime because of their managerial job titles. A U.S. District Judge has preliminarily approved the $2.25 million settlement that will benefit 129 managers.
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Aug 20
Posted by: Brian Schaffer
Pioneer, a leading oil and gas exploration and production company which employs hundreds of Mud Engineers through companies like Miller & Associates, has been sued for unpaid wages. A collective action was filed on Tuesday, August 18, 2020 by Fitapelli & Schaffer, LLP alongside Bruckner Burch PLLC on behalf of day rate mud engineers and/or drilling fluid engineers (“Mud Engineers”). This lawsuit seeks to recover overtime compensation for all similarly situated Mud Engineers who have worked on behalf of Pioneer and Miller & Associates in the United States.
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Aug 11
Posted by: Brian Schaffer
Petco, the pet supplies retailer, has just been accused of failing to properly pay its manual workers in the state of New York. A class action lawsuit filed this past Friday is looking to recover untimely wage compensation and other damages for similarly situated hourly guest experience specialists, sales associates, dog trainers, and other similar manual labor positions (collectively, “manual workers”) who work or have worked as manual workers for Petco in New York State. The company operates approximately 64 locations in New York and employs over 1,000 Manual Workers throughout the state.
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Aug 7
Posted by: Brian Schaffer
Early last year, Fitapelli & Schaffer, LLP, alongside Bruckner Burch, PLLC and Josephson Dunlap, LLP, filed a class and collective action lawsuit seeking owed overtime against Cobra Energy and Espada Security on behalf of security contractors who worked in Puerto Rico after Hurricane Maria. The case continues to move forward successfully as the Court has recently certified the proposed class.
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Aug 3
Posted by: Brian Schaffer
The class action lawsuit for wage and hour violations against Wells Fargo Bank, N.A. that was filed in early March of this year continues to move forward. Fitapelli & Schaffer, LLP has filed a motion with the Court to conditionally certifying an FLSA collective composed of, and send notice to, all persons who worked as Mortgage Consultants (sometimes referred to as loan officers in the industry) for Wells Fargo Bank spanning from three years prior to May 17, 2016, the date the Complaint was filed.
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Jul 28
Posted by: Brian Schaffer
BLS Painting, Inc. has just been accused of failing to properly compensate its laborers. Fitapelli & Schaffer, LLP alongside Shellist Lozarz Slobin LLP filed a collective action lawsuit on behalf of painters working for the Texas based painting service provider for unpaid overtime. This lawsuit seeks to recover overtime compensation under the Fair Labor Standards Act (“FLSA”) for painters, helpers, and other similarly situated workers (collectively “Painters”) who work or have worked for BLS Painting.
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Jul 24
Posted by: Brian Schaffer
Bilfinger, Inc., one of the nations leading industrial services provider, has just been sued for unpaid wages. The collective action complaint, filed this past Thursday by our firm along with Shellist Lozarz Slobin LLP, alleged that the company failed to pay its workers correctly for overtime as required by the Fair Labor Standards Act (“FSLA”). This lawsuit specifically seeks to recover overtime pay for all workers in similarly situated positions, such as nonexempt construction workers and laborers, who work or have worked for Bilfinger, Inc., Bilfinger Salamis, Inc., and Bilfinger Westcon, Inc. throughout the United States.
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Jul 13
Posted by: Brian Schaffer
Over 2,500 city employees in San Diego City will benefit from a class action settlement for unpaid wages. The $6.2 million deal was approved by a California federal judge that will resolve claims that the city failed to properly pay lifeguards, police officers and other city employees for overtime under the Fair Labor Standards Act (FLSA). The lawsuit claimed that not all forms of payment were considered when calculating overtime when working over 40 hours per work week.
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Jul 9
Posted by: Brian Schaffer
Major Cleaning, Inc., a prominent full service cleaning company for high end restaurants in New York, New Jersey and Massachusetts, has just been sued for unpaid wages. This class and collective action aims to recover unpaid overtime for its workers under the Fair Labor Standards Act (“FLSA”) and the New York Labor Law (“NYLL”). Affected employees for this matter may include all current and former cleaners for Major Cleaning assigned to any job locations between September 24, 2016 and the date of the final judgment in this matter, and who elect to opt into this action.
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Jul 1
Posted by: Brian Schaffer
Truck drivers that filed a collective action against the federal government for unpaid wages have just struck a deal to resolve their claims. The U.S. Department of Defense has agreed to pay almost $8 million to end the collective action that claimed their drivers went unpaid for overtime hours. More than 180 drivers for the Defense Department’s Army and Air Force Exchange Service will benefit from the $7.95 million payout.
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Jun 23
Posted by: Brian Schaffer
Former employees of the paint manufacturer, Sherwin-Williams, have claimed that the company has underpaid their workers and cheated them out of significant overtime pay. The collective action that was filed in Ohio federal court this Monday alleges that Sherwin-Williams failed to factor in special pay, such as bonuses and additional coronavirus pandemic pay, into their overtime rates. The lawsuit seeks to recover unpaid overtime, liquidated damages, litigation costs as well as attorney fees under the Fair Labor Standards Act (“FLSA”).
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Jun 15
Posted by: Brian Schaffer
Hourly workers for Rite Aid have just filed a class action lawsuit against the pharmaceutical and convenience store chain for unpaid wages. The complaint alleges that Rite Aid failed to pay its hourly workers such as cashiers, pharmacy technicians, stockers, security guards, asset protections agents, and all other workers in similar non-exempt job titles the correct overtime rates and other wages. This lawsuit aims to recover overtime pay as well as other damages under the Fair Labor Standards Act (“FLSA”) and the New York Labor Law (“NYLL”) for current and former hourly workers that have been employed by Rite Aid in New York and across the United States.
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Jun 12
Posted by: Brian Schaffer
Workers for OD Inspections, Inc., a leading provider of inspection services to the oil and gas industry, recently filed a collective action against the company for unpaid wages. The complaint alleges that the company misclassified its workers as exempt from receiving overtime pay by claiming they were independent contractors. This lawsuit aims to represent salaried inspectors, inspector helpers and other workers in similar positions in order to recover unpaid overtime from the service provider.
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Jun 11
Posted by: Brian Schaffer
Hourly employees of Gorman Group, LLC, a road engineering company, have filed a class action lawsuit in order to recover unpaid wages. The company, which provides asphalt paving to municipalities throughout the Northeast, has allegedly unpaid its hourly employees for overtime hours in violation of the Fair Labor Standards Act (“FLSA”) and the New York Labor Law (“NYLL”). Affected employees may include all persons who work or have worked as hourly workers for the company in New York between June 9, 2014 and the date of final judgment in this matter.
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Jun 9
Posted by: Brian Schaffer
Misclassified workers for the baked goods maker, Flower Foods Inc., have settled their claims for unpaid wages. Flower Foods has agreed to pay them $7.6 million to resolve claims that they failed to pay their distributors overtime pay. The lawsuit had alleged that these distributors were wrongfully classified as independent contractors who were considered exempt from overtime. The case which was brought under the Fair Labor Standards Act (“FLSA”) and Vermont state law now stands to benefit almost 100 distributors under the settlement.
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Jun 5
Posted by: Brian Schaffer
Day rate workers for Integrity Inspection Services, LLC, an oilfield inspection and maintenance provider, have decided to make a stand and take back what they allege is rightfully theirs. A class and collective action was recently filed to help recover unpaid overtime for employees who ensured pipeline projects were properly constructed and maintained in New Mexico and across the United States. The complaint notes that the class and collective seeks to recover overtime pay, liquidated damages, attorney’s fees and costs for class members who have worked for Integrity Inspection Services. This lawsuit has been brought on behalf of all current and former Day rate workers under the Fair Labor Standards Act (“FLSA”) and the New Mexico Minimum Wage Act (“NMMWA”).
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Jun 4
Posted by: Brian Schaffer
Wal-Mart, the grocery chain and retailer giant, was just sued for owed wages by a class of manual workers. These affected manual workers include hourly cashiers, front end associates, stockers, receiving associates, sales associates, and other manual laborers in similar positions (collectively, “Manual Workers”) who work or have worked as manual workers for Wal-Mart in New York State. The class action lawsuit seeks to recover untimely wage compensation and other damages in accordance with the New York Labor Law (“NYLL”).
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May 28
Posted by: Brian Schaffer
As states begin to reopen, so will the many businesses that had recently furloughed or laid off their workers. The rehiring process that comes next is very crucial for many of these establishments. Ensuring that they aren’t discriminating specific groups from job opportunities doesn’t just have to do with selecting the hire but rather starts with properly wording their job postings.
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May 26
Posted by: Brian Schaffer
Homyn Enterprises Corp., also known as Secure Wrap., has just been sued by its employees for unpaid wages. The business, which is known for providing full service baggage protection assistance internationally to its airport customers, has been accused of failing to pay its hourly employees on a timely basis. This class action lawsuit aims to represent hourly customer associates, machine operators and other similar manual labor positions trying to recover untimely wage pay as well as other damages who work or have worked as manual workers for the company in the state of New York.
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May 21
Posted by: Brian Schaffer
Due to the economic downturn many companies and businesses have been turning to loans, specifically those signed into law under the Coronavirus Aid, Relief and Economic Securities (CARES), to weather the likely recession caused by the COVID-19 Pandemic. The headliner of the CARES Act loans was the Paycheck Protection Program (PPP) loan. Millions of affected businesses rushed to their banks to apply for these PPP loans and continue to do so in large numbers.
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May 20
Posted by: Brian Schaffer
Zara USA, Inc., the retail clothing and fashion accessories store, has just been sued by hourly employees for owed wages. The lawsuit aims to recover overtime pay and other damages for alleged violations by the retailer under New York Labor Law (“NYLL”) and the Fair Labor Standards Act (“FLSA”). Employees that may be affected by this lawsuit include hourly positions that are typically eligible for overtime pay such as cashiers, sales associates and stock associates who currently work or have worked for Zara USA, Inc. or Inditex USA LLC.
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May 19
Posted by: Brian Schaffer
Hill Country Staffing, Co., which employs several hundred oilfield workers throughout the nation, has just been sued for unpaid wages. The lawsuit alleges that the staffing company failed to compensate its hourly workers with the proper overtime pay as required by the Fair Labor Standards Act (“FLSA”) and the Pennsylvania Minimum Wage Act (“PMWA”). This collective action aims to recover overtime pay for workers with Equipment Operators job titles as well as others with similar hourly non-exempt roles that work or have worked for the staffing company throughout the United States.
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May 18
Posted by: Brian Schaffer
D&G Directional Drilling has just been sued by former laborers for unpaid wages. The drilling and pipeline construction company has been accused of failing to pay its labor hands in accordance with the Fair Labor Standards Act (“FLSA”). The collective action lawsuit is looking to recover unpaid overtime for labor hands and other non-exempt laborers in similar positions that have worked for this oil field services company throughout the United States.
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May 15
Posted by: Brian Schaffer
Fifth Third Bank, a national banking association headquartered in Illinois, Ohio, has recently been sued for unlawful practices of consumer fraud. The class action lawsuit seeks to represent anyone in the United States who had a financial account or product opened in their name by a Fifth Third employee without their lawfully-obtained authorization. On their behalf, this class action aims to recover damages under the Fair Credit Reporting Act (“FCRA”) as well as the Illinois Consumer Fraud Act (“ICFA”) and other state law claims.
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May 14
Posted by: Brian Schaffer
The energy service provider, W&W Energy, which offers a complete line of construction and maintenance of oil sites for the Permean Basin Region, has recently been sued for unpaid wages. Hourly and day rate employees represented by Fitapelli & Schaffer, LLP along with Bruckner Burch, PLLC that were paid a per diem allege that the oil services provider failed to properly them their overtime. The lawsuit aims to recover overtime wages as well as other damages under the Fair Labor Standards Act (“FLSA”) and the New Mexico Minimum Wage Act (“NMMWA”).
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May 13
Posted by: Brian Schaffer
ProPetro, an oilfield services company that provides hydraulic fracturing and other complementary services to big name oil and gas companies, has recently been sued for failing to pay its hourly workers the correct rate for overtime pay. The lawsuit intends to represent hourly employees that were paid a per diem and who routinely worked over 40 hours per week within the last three years to try and recover wages under the Fair Labor Standard Act.
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May 12
Posted by: Brian Schaffer
New York City’s MTA and the Triborough Bridge and Tunnel Authority have agreed to settle a class action lawsuit for unpaid wages for $5.4 million. The lawsuit which was brought under the Fair Labor Standards Act (“FLSA”) back in 2018 by a group of employees alleged several wage and hour violations. Those eligible to participate in the recovery of this settlement include more than 160 officers with sergeant and lieutenant titles whose hours worked were not calculated correctly.
One of the most significant violations claimed by the officers was that they were required to complete work before and after their shifts. They alleged that because they had not clocked in or had already clocked out when starting or finishing their work their hours went unaccounted for and unpaid by the MTA. Additionally, the officers claimed that even if they did try to log their times accurately, the organization had a “time-shaving policy” in effect that rounded down their clock-in times. If they clocked-in before their shift their time to their scheduled start time and if they clocked-out after their shift time was over it was rounded back down to their scheduled finish time. They also alleged that they were not paid their overtime correctly because the MTA failed to include additional compensation such as bonuses into their regular rate, thereby reducing their overtime pay.
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May 8
Posted by: Brian Schaffer
Lochend Energy, an American and Canadian based oilfield services company, has been sued for unpaid wages on behalf of their salaried Coil Tubing Supervisors, day-rate Flowback Supervisors, and hourly Assistants/Junior Supervisors/ Operators. The company which provides coil tubing and flow back production for the oil and gas industry, has been accused of failing to properly pay it workers for overtime. Due to the harsh working conditions and long shifts that are scheduled for weeks on end, affected workers have alleged that the company has violated several aspects of the Fair Labor Standards Act (“FLSA”) as well as numerous state laws.
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May 7
Posted by: Brian Schaffer
Safety personnel for an oil industry contractor will be receiving $6 million to resolve claims asserted in a class and collective action that they were owed wages. Nearly 2,500 current and former employees of CertifiedSafety Inc. in six different states, that were employed as safety attendants or foremen, stand to benefit from the payout that will settle allegations that the company violated the Fair Labor Standards Act as well as individual state laws.
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Apr 20
Posted by: Brian Schaffer
An Employee Retirement Income Security Act (ERISA) lawsuit against M&T Bank was just preliminarily approved this week by federal judge in New York. The lawsuit alleged the bank purposefully filled its employees’ 401(k) plans with the bank’s own more expensive investment options. The $20.85 million settlement will likely affect tens of thousands of people who participated in or were beneficiaries of these investment plans offered by M&T Bank between May 11, 2010 and September 30, 2019.
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Apr 14
Posted by: Brian Schaffer
With millions of workers unemployed and more likely to come during this economic shutdown, companies have been deciding between placing their employees on furlough or laying them off. Many retail companies like Macy’s, Kohl’s, Gap and Nordstrom as well as some in the hospitality industry such as Marriot and AMC Theatres have opted to furlough thousands of their employees instead of laying them off. But what exactly does being furloughed mean, and how does it differ from being laid off?
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Apr 9
Posted by: Brian Schaffer
The Families First Coronavirus Response Act (FFCRA) and the provisions within them, such as the Emergency Paid Sick Leave Act (EPSLA) and the Emergency Family and Medical Leave Expansion Act (EFMLEA), were enacted to help keep any employee affected by COVID-19 on payroll by providing employers with tax credits for the cost of providing them paid sick leave. Employers who are eligible to apply for the reimbursement would include those that have fewer than 500 employees.
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Apr 2
Posted by: Brian Schaffer
Our of counsel, Steven M. Sack, was featured in another article this week, discussing how employers should view and address treating their employees during these uncertain times. The Forbes article focused on how to best deal with layoffs going forward urging employers to ensure fairness and equity.
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Mar 31
Posted by: Brian Schaffer
The $2 trillion stimulus plan has arrived but how will it help millions of the worst hit hard-working Americans such as those in the restaurant industry? The relief bill aims to put much-needed money in the pockets of workers like servers, cooks, bussers and bartenders that are out of work due to the recent closings of restaurants nationwide. With more than 3 million workers applying for unemployment benefits just last week alone, this plan aims to ease some of the looming stressors we are currently facing as a nation. Here’s what you should know:
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Mar 27
Posted by: Brian Schaffer
A class action lawsuit brought by Papa John’s employees for unpaid wages in 2018 has been settled pending court approval. The hourly franchise and corporate employees have asked a California federal judge to approve a $3.4 million settlement to resolve claims that the fast food pizza chain failed to pay its employees for mandatory training.
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Mar 26
Posted by: Brian Schaffer
In a key development to try and protect all employees struggling with job security, particularly restaurant and delivery workers that continue to be essential, two new federal and state laws have been enacted to financially help during the coronavirus pandemic. Eligible employees will be able to earn their full rate of pay while out sick or in quarantine for up to two weeks. The federal law signed by President Trump and state law signed by Governor Cuomo aim to help low income workers in dire need of assistance. Read on to understand how these laws may affect you.
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Mar 25
Posted by: Brian Schaffer
Childcare providers and their employers have a whole new set of issues to face as new realities set in with government officials enforcing executive orders to have 100% of non-essential workers stay home. Childcare providers, such as nannies, have been deemed essential and are allowed to report to work, however, many of their employers are unsure how to proceed in the coming weeks as the pandemic unfolds. Many parents are concerned about having their non live-in nannies risk exposure to themselves or their families by commuting to and from their homes. The question arises, should the childcare provider be asked not to report to duty? If so, what policies or guidelines should be followed in terms of compensation?
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Mar 20
Posted by: Brian Schaffer
The Families First Coronavirus Response Act, part of the coronavirus emergency relief package, has just become law and it will be essential in providing American workers with a first ever federally mandated paid leave if it becomes necessary for them to take time off due to COVID-19. This paid leave is a temporary response to coronavirus and is set to expire on December 31, 2020. While this is great news, it is important to know if you qualify for this aid as well as what the assistance entails.
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Mar 18
Posted by: Brian Schaffer
With the nation’s reaction to the novel coronavirus, COVID-19, changing daily, the developments may leave many of us facing several unknowns especially when it comes to our workplace. As offices, stores, and job sites begin to decide on whether to close or remain open, many employees have no idea what their rights may be during this unprecedented pandemic. Whether you are being asked to work from home, report to work, stay put or are being laid off, you do have rights and many more that are being developed as we speak.
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Mar 17
Posted by: Brian Schaffer
We want to take a moment to let you know that Fitapelli & Schaffer is prepared to continue to support you and your needs as we face this difficult climate as a nation together. Out of an abundance of caution, and for the safety of our employees, our office has begun to work remotely. We will be available during regular business hours continuing to assist new clients as well as diligently working on existing claims.
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Mar 13
Posted by: Brian Schaffer
Did you know that many of your attorney needs and potential claims can be handled remotely without ever needing to leave the comfort of your own home? Our firm, Fitapelli & Schaffer, LLP has clients nationwide by providing all the essential tools to consistently communicate with them. If for some reason you are unable to visit our New York City office, we are able to quickly provide access to necessary documents and can conduct any essential meetings virtually throughout the United States.
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Mar 11
Posted by: Brian Schaffer
Mortgage Consultants and Loan Officers for Wells Fargo Bank have recently filed a class action lawsuit alleging the national bank violated several aspects of the New York Labor Law (“NYLL). Due to the bank’s policies and practices, Mortgage Consultants were consistently unpaid minimum and overtime wages, commissions, agreed upon wages, and unlawful deductions. This lawsuit seeks to recover these unpaid wages and other damages under the NYLL.
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Feb 26
Posted by: Brian Schaffer
Engineers for MBI Energy Services (“MBI Energy”) filed a collective action lawsuit for wage and hour violations early last year and it continues to move forward successfully. MBI Energy provides well completion services throughout the United States, including in regions of North Dakota, Colorado, and Wyoming. This lawsuit seeks to recover overtime compensation for salaried wireline engineers and all other similarly situated workers who work or have worked for MBI Energy Services, Inc., Missouri Basin Well Service, Inc., and High Plains Inc. in the United States.
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Feb 20
Posted by: Brian Schaffer
Employees for Call-A-Head Corp., a portable sanitation company, which set up port-a-pottys in New York will be receiving more than $7 million to settle claims that they were owed wages. The toilet technicians alleged they were not paid all of their overtime hours worked in accordance with the Fair Labor Standards Act and the New York Labor Law in a lawsuit filed back in 2015. Affected employees include but are not limited to pump truck, flatbed truck and water truck drivers that worked for Call-A-Head Corp delivering, cleaning, and picking up portable toilets.
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Feb 12
Posted by: Brian Schaffer
Several Chipotle locations in the New York City have some explaining to do after employees filed claims with the city alleging the restaurant chain violated the Fair Workweek Law. This law, which went into effect in November of 2017 in New York City, requires employers to provide predictable schedules for quick service employees. More than 30 employees from five different chain locations in Brooklyn filed claims with the Office of Administrative Trials and Hearings that Chipotle violated nearly aspect of the law.
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Feb 5
Posted by: Brian Schaffer
Facebook has agreed to pay $550 million to its users residing in Illinois to settle claims that its biometric tagging feature violated their privacy rights. Illinois currently has some of the strictest biometric privacy laws in all of the United States. The Illinois Biometric Privacy Act (BIPA) was established back in 2008 in order to protect consumers from having companies use their biometric information, such as retina, facial and fingerprint scans, without their consent. This lawsuit against the social media giant alleged that Facebook violated Illinois’ privacy law.
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Jan 29
Posted by: Brian Schaffer
Independent Contractors represented by the Office of the Attorney General (“AOG”) that sued a national electrical contracting company for allegedly misclassifying them will now receive millions to resolve claims that they were not paid correctly. The contracting company,Power Design, has agreed to settle with the AOG for the District of Columbia for unpaid wage claims that total $2.75 million. This amount will be distributed between approximately 500 affected workers, the District of Columbia’s litigation fund, as well as job training and workforce development opportunities for District residents.
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Jan 17
Posted by: Brian Schaffer
More than 2,500 NYC emergency medical technicians ( EMTs ) and paramedics have been awarded a hefty sum of owed wages by the city. Not only were they awarded just over $7.2 million for unpaid overtime but a federal court recently approved an order granting them an additional $7.2 million in liquidated damages doubling the amount owed to them under the Fair Labor Standards Act (FLSA).
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Jan 9
Posted by: Brian Schaffer
The sexual harassment case against the owner of NYC’s celebrity hot spot, The Spotted Pig, has been settled after a year and a half long civil investigation completed by the attorney general’s office. The investigation further exposed a work environment that ran rampant with sexual harassment, unwanted advances and retaliation condoned and perpetrated by owner Kevin Friedman. Eleven former employees who alleged they were subject to sexual harassment will be receiving not only $240,000 to be paid by Kevin Friedman, but 20% of the restaurant’s future profits earned each year for the next 10 years with the affected employees.
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Dec 18
Posted by: Brian Schaffer
Cashiers that filed a class action lawsuit back in 2014 against the Big Lots retailer in California are finally seeing a resolution to their claim for unpaid wages. A federal court has given the go ahead for a $7 million settlement to resolve allegations that the retailer denied its cashiers pay for work while being off the clock and “gap time” pay for waiting to leave their stores after clocking out. The multimillion-dollar payout is set to affect over 31,000 current and former Big Lots employees in California.
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