What’s Hiding in Your Account Statements?

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Wells Fargo Ordered to Pay $185 Million

The Consumer Financial Protection Bureau recently caught Wells Fargo setting up more than 2 million fake accounts that its customers hadn’t asked for in order to try and reach product sales goals. After being fined $185 Million, Wells Fargo has responded by firing 5,300 employees who are believed to have opened these phantom accounts. They have also removed the unrealistic product sales goals for retail bankers in attempt to prove to its customers ...

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Employment Law

Tipped Workers File FLSA Lawsuit against Granite City

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Even without the violation of any wage laws, we can agree that restaurant workers don’t have it easy. When these wage laws are broken, hard working employees are further exploited, at times causing their wages to sink below minimum wage.  Luckily, there are laws set in place, like the Fair Labor Standards Act (FLSA), which help deter some of these work place violations. Recently, a class action lawsuit was brought against Granite City Food and Brewery by Fitapelli & Schaffer, ...

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Class Action, Employment Law, FLSA

Your 401(k) Plan May be Set-up to Make You Lose Out

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Saving for your future is what “they” tell you to do.  So when your place of employment sets you up in a retirement savings plan, the assumption is that the 401(k) plan is there to benefit you. However, lately, individuals at even the most prestigious companies have been finding out that may not be the case.  Insurance and investment companies as well as top notch universities are being accused of misleading their employees into ...

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Class Action, Employment Law

Sirius XM Radio Pays $35M to Settle Telemarketing Lawsuit

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Telemarketing calls or spam calls as we call them, have been invading our homes, interrupting our dinners and blowing up our cell phones for decades now. As smart phones, computers and tablet devices have grown in popularity, telemarketing communications have increased at an astronomical rate.  However, most of these telemarketing communications are unwelcome leaving us to wonder the best way to stop them.  Luckily, under the Telephone Consumer Protection Act (“TCPA”), recipients of unsolicited calls, texts, or faxes have protection ...

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TCPA

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Wage Issues for PAs in the Movie Industry Run Rampant

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In the last couple of years there has been an explosion in filming throughout New York City almost daily. Crew members like production assistants can be seen running around, helping shut down traffic or detour pedestrians. They weave through the city streets exasperated on coffee runs or scramble around with walkie talkies in hand. As staples to the industry, these assistants have always worked long arduous hours for next to nothing. For decades it had been custom for production assistants ...

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Employment Law, FLSA, Minimum Wage, Overtime, Unpaid Wages

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FLSA Status and the New ‘Gig Economy’

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Misclassifying the FLSA Status

A dirty secret in the employment world is that there are very few true independent contractors. That being said, legitimate employees have a number of rights and protections under the law. As an employee, many aspects of your daily work are dictated by the company like your schedule and terms of payment. Generally speaking, employees have more benefits, such as overtime pay and sick days. Independent contractors on the other hand, have fewer benefits and must ...

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11
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Employment Law, FLSA

Car Dealerships Plagued with Wage Violations

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Fitapelli & Schaffer, LLP is investigating claims against New York car dealerships. After successfully resolving a multi-million dollar unpaid wage case against The Major Automotive Companies, one of New York’s largest dealerships, our firm has found that the car dealership industry is riddled with many of the same violations. These wage violations deprive sales representatives of lawfully earned commissions and wages.

Many sales representatives for car dealerships often work long hours and are underpaid. For instance, dealerships often fail to provide ...

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Employment Law, FLSA, Minimum Wage, New York City, NY Labor Law, Overtime, Spread of Hours, Unpaid Wages

Rosa Mexicano Wage Lawsuit

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On Thursday, July 07, 2016, Fitapelli & Schaffer LLP filed a class action wage lawsuit against Rosa Mexicana, a Michelin rated restaurant serving upscale Mexican inspired dishes with 17 locations worldwide. This lawsuit seeks to recover minimum wages, overtime pay, call-in pay, and other wages for Plaintiffs and their similarly situated co-workers – servers, bussers, bartenders, food runners, barbacks and other “tipped workers” – who work or have worked at Rosa Mexicano restaurants nationwide with the exception of Rosa Mexicano ...

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Bartender, Busboy, Class Action, Employment Law, FLSA, Gratuities, Minimum Wage, New York City, NY Labor Law, Overtime, Tips, Unpaid Wages

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Red Rabbit Wage Lawsuit

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On Tuesday, June 7, 2016, Fitapelli & Schaffer, LLP filed a class action wage lawsuit against Red Rabbit, a business that focuses on the preparation of healthy school meals for over 150 schools in the New York City area. Despite the company’s positive initiative to offer healthier food options to NYC school kids, it seems as though they are doing it at the expense of its hard working employees. This wage lawsuit, which represents cooks, food buyers, porters and other ...

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Class Action, Employment Law, NY Labor Law, Overtime

Physician Assistants Wage Lawsuit

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On Tuesday, May 31, 2016, Fitapelli & Schaffer, LLP filed a class and collective wage lawsuit against Dwell Family Doctors (Dwell) and Throggs Neck Walk-In Medical Care, P.C. (Throggs Neck), urgent care medical services providers that operate many emergency walk in clinics in the greater New York City area. The lawsuit also affects the following companies: Urgent Care of Westchester, First Choice Walk-In Urgent Care, Nassau South Urgent Care, and Walk-In Medical, Urgent Care. The wage lawsuit represents physician assistants ...

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Class Action, Employment Law, FLSA, NY Labor Law

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