Magistrate Judge Grants Plaintiff’s Motion for Corrective Notice in Restaurant Case

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In November 2015, Fitapelli & Schaffer, LLP, along with the Pechman Law Group, PLLC, filed a class and collective action complaint against the well-known New Jersey restaurants Segovia Steakhouse & Seafood and Segovia Restaurant. The lawsuit alleged that the Defendants failed to pay their tipped employees, such as servers, bussers, food runners, and bartenders, proper minimum and overtime wages for all hours worked.

On April 28, 2017, Fitapelli & Schaffer, LLP sent the Court-approved Notice of Collective Action to all current ...

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Notice to be Sent for Nick’s Pizzabar Class Action

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In March 2017, Fitapelli & Schaffer, LLP filed a class and collective action lawsuit against Nick’s Pizzabar located at 365 3rd Avenue, New York, New York 10016.  The lawsuit seeks to recover minimum wages, uniform maintenance pay, unlawful deductions, and other wages for all current and former delivery workers.  Among other claims, the lawsuit alleges that Defendants failed to provide proper notice to delivery workers that would enable the company to take a “tip credit” towards the hourly rates paid ...

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Court Denies Raymour & Flanigan’s Motion to Compel Arbitration in TCPA Class Action Case

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On February 16, 2017, a class action lawsuit was filed by Fitapelli & Schaffer, LLP and Terrell Marshall Law Group PLLC against Raymour & Flanigan (“Raymour”) for allegedly violating the Telephone Consumer Protection Act (TCPA) by sending text messages to recipients’ cellular phones without their prior written consent.  The TCPA makes it unlawful to make any calls, send any text messages, and/or send any faxes to a person or business, for commercial reasons, without that person’s express written consent.  Each ...

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Plaintiffs Granted Conditional Certification in P.F. Chang’s Case

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On May 15, 2017, in the case of Black et al.  v.  P.F. Chang’s China Bistro, Inc., No. 16 Civ. 03968, Judge Robert M. Dow Jr. of the United States District Court for the Northern District of Illinois Eastern Division granted Plaintiffs’ motion for conditional certification of a collective action under the Fair Labor Standards Act (FLSA).

Plaintiffs originally commenced this action on April 1, 2016, on behalf of themselves and all similarly situated current and former tipped workers employed at ...

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Verizon to Lay Off Thousands of Workers During AOL-Yahoo Merger

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As Verizon’s AOL unit merger over Yahoo takes effect, thousands are expected to be laid off. The communications behemoth will be merging departments like human resources, finance, marketing and general administration and would have obvious overlap. They estimate that about 2,100 people in both the New York and California offices would be in redundant positions as the union finishes taking shape.

With layoffs in larger companies, it may be common to receive some sort of severance package ...

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Employee of 30 Minutes Receives 100K for Pregnancy Discrimination

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In early 2015, a female applicant of a brokerage firm in Florida was hired, only to be fired within the hour after inquiring about their maternity policy and disclosing she was pregnant. Her offer was abruptly rescinded citing that they needed someone who would be in the position for the “long-term”. The applicant filed a claim with the EEOC for pregnancy discrimination in July of 2016 and recently settled her case for $100,000 in damages and an agreement that the ...

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Fox News Forces Bill O’Reilly Out Amidst Sexual Harassment Claims

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Fox News has had a tumultuous year dealing with sexual harassment claims in the workplace. Last year several lawsuits were filed against its former Chairman and network CEO Roger Ailes alleging sexual harassment. One of these cases even settled for an astounding $20 million dollars. In the last couple of months the news channel had been dealing a series of sexual harassment lawsuits against its top-rated host, Bill O’Reilly, which prompted an internal investigation that in turn revealed ...

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Live-In Home Health Aides Must Be Paid for 24 Hours

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On April 11, 2017 the NY Supreme Court, Appellate Division for the First Department ruled in favor of the plaintiffs in the Tokhtaman v. Human Care, LLC case. The plaintiffs in this matter argued that home health aides were not being paid for all hours worked, overtime, and spread of hours. The courts decided that nonresidential home health aides who work as live-ins at a client’s home are eligible for overtime.

What Does This Mean & Who Does This Affect?

Home Health ...

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Plaintiffs Win Conditional Certification in Star Nissan Case

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On April 12, 2017, in the case of Hotaranu v. Star Nissan Inc., No. 16 Civ. 5320, Judge Robert M. Levy of the United States District Court for the Eastern District of New York granted Plaintiffs’ motion for a conditional certification of a collective action under the Fair Labor Standards Act. Plaintiffs originally commenced this action on September 26, 2016, on behalf of themselves and all similarly situated current and former auto sales representatives employed at the Star Nissan dealership, ...

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Delivery Workers Cannot be Paid a Tip Credit says Connecticut Supreme Court

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There has been an important development for tipped workers in the state of Connecticut. The Connecticut Supreme court has decided that delivery workers cannot be paid a tip credit instead of the full minimum wage rate. The norm had been that businesses like hotels and restaurants would pay its delivery workers the reduced minimum wage because they were earning tips, however, this recent decision points out that the law may have been misinterpreted all along. Delivery workers may have always ...

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