On May 26, 2019 Fitapelli & Schaffer, LLP filed arbitration demands for unpaid wages on behalf of individuals who worked as tipped employees at Blue Note Jazz Club. In these matters, the company forced its employees to sign arbitration agreements, contracts that prohibit workers from filing claims for unpaid wages in court, and prohibit workers from coming together as a class to reclaim their unpaid wages. Once an arbitration agreement is signed claims that arise, even if they affect all ...Continue Reading →
Delivery drivers for Amazon filed a class action lawsuit under the Fair Labor Standards Act ( FLSA ) in Florida for unpaid wages this past summer. Drivers had accused the e-commerce giant of not paying them the correct rate for all hours worked.
Their lawsuit claimed that delivery drivers and driver associates were paid a flat-rate for loading deliveries onto vans each morning and a day rate for delivering ...Continue Reading →
JPMorgan ’s bank employees in California started a class action wage lawsuit two-and-a-half years ago that claimed the bank denied them the proper overtime wages and violated a number of labor laws. Relationship managers had accused JPMorgan of misclassifying their job titles as exempt from receiving overtime pay when working over 40 hours a week as well as not being given the proper meal and rest breaks.
Under state and federal laws such as the Fair Labor Standards Act (FLSA) ...Continue Reading →
The New York State Legislature has significantly revised the state’s work place harassment laws this week. These provisions, pledged to be signed into law soon, focus on anti-harassment and anti-discrimination measures to be taken by all employers with any employees in New York State.
The first significant change is that employers of all sizes, big and small, will be liable under this law, whereas prior to this, only employers ...Continue Reading →
Managers at Steak ‘N Shake recently won a $7.7 million judgement awarded by a jury for unpaid wages, liquidated damages and attorney’s fees. The case focused on the lengthy weekly hours the managers were completing without receiving any overtime compensation.
Often times managers are classified by a company as exempt from receiving overtime pay. This usually means they are paid a set salary regardless of the hours they ...Continue Reading →
Two brokers and former employees of Credit Suisse had a big win last week when a three-person panel of FINRA arbitrators awarded them at least $6.7 million for owed deferred wages and liquidated damages. Specifically, the amount ordered to be paid by Credit Suisse represents unvested deferred stock the brokers claimed they lost out on when Credit Suisse closed down its U.S doors in late 2015. The original individual amount of $2.8 million requested by each broker was more ...Continue Reading →
Tipped workers employed by Restaurant Forgione, located at 134 Reade Street, New York, NY 10013, have sued the company as a class action for unpaid wages. The filed complaint notes that the lawsuit is looking to recover minimum wages, misappropriated tips, call-in pay, and other damages owed to tipped workers. Affected job titles at Forgione may include servers, bussers, food runners, bartenders, and other tipped employees who work or have worked at Forgione in the last couple of years.
The potential ...Continue Reading →
On April 30, 2019, in the case of Melito v. American Eagle Outfitters, Inc et al. Circuit Judges Hall and Lynch as well as District Judge Englemayer of the United States Court of Appeals for the Second Circuit dismissed Experian Marketing Solutions, Inc.’s (“Experian”) appeal and otherwise affirmed the judgment of the district court to settle the American Eagle Telephone Consumer Protection Act (“TCPA”) lawsuit for $14.5 million.
This TCPA lawsuit affected individuals who received text messages with ...Continue Reading →
A New York City woman alleges she was physically accosted at an Upper West Side yoga class she attended at Pure Yoga. Melissa Hurley, a longtime member of Pure Yoga, claims she was groped and inappropriately touched several times by Pure Yoga’s instructor, Isaac Peña, during a yoga class. What’s worse is that other women had already complained about Isaac Peña to Pure Yoga prior to this incident.
Pure ...Continue Reading →
MBI Energy Services, Inc., a leading provider for completion, well intervention, water management and logistics in the United States, has recently been sued for failing to pay its employees the appropriate wages. A significant number of potentially affected employees work or have worked for MBI Energy in the Williston Basin in North Dakota and the Rocky Mountain region, as well as the Eagle Ford play in Texas, the Marcellus play in Pennsylvania, and the Niobrara play in Wyoming. Affected workers ...Continue Reading →