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26 JUL

High End Sushi Seki in NYC Sued for Unpaid Wages

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Fitapelli & Schaffer, LLP has filed a class and collective action lawsuit against Sushi Seki, a high-end NYC sushi restaurant with three locations, alleging wage and hour violations under the Fair Labor Standards Act (FLSA) and the New York Labor Law (NYLL).  The lawsuit seeks to recover unpaid minimum wages, overtime compensation, misappropriated tips, call-in pay, and other damages for current and former tipped employees, such as servers, bartenders, bussers, and food runners.

Among other claims, the lawsuit alleges that Sushi ...

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18 JUL

Assistant Store Managers Sue Kohl’s for OT Pay

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Assistant store managers in a variety of industries are stepping forward to demand their overtime pay. In the last five years, more than 25 settlements were reached totaling almost $150 million for assistant store managers who alleged they were misclassified as exempt from receiving overtime wages. Adding themselves to this list most recently are three assistant store managers from three different Kohl’s locations across the United States. The three former employees are proposing a collective action lawsuit ...

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21 JUN

Bloomberg to Settle for $54.5M for Unpaid OT

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Computer help desk representatives for Bloomberg , the equity trading platform, analytics and data services provider, have moved to settle a class action wage lawsuit for whopping $54.5 million. The affected analytics team members alleged that Bloomberg misclassified them as exempt and wrongfully denied them their overtime pay even when regularly working more than 40 hours per week violating the Fair Labor Standards Act (FLSA)   . Representatives were told they would work five eight-hour work shifts and ...

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20 JUN

Buffalo Wild Wings Owes Wages to Its Tipped Workers

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Three Buffalo Wild Wings locations in New York have just been hit with a class action lawsuit seeking to recover minimum wages and overtime pay along with other owed wages. The popular sports bar and casual dining restaurant franchise, owned and operated by Banta Management Services, Inc., paid their tipped workers the reduced minimum wage rate or tip credit, however, failed to meet the strict statutory requirements that would permit them to apply the reduced minimum wage to their workers.

For ...

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20 JUN

Rock Chevy Gets Hit with Class Action Wage Lawsuit

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Rock Chevy, a prominent car dealership in Illinois, has just been hit with a class action wage lawsuit. Two former sales representatives at the company have brought a lawsuit on behalf of other similarly situated commissioned workers against the company to try and remedy wage and hour violations. Plaintiffs allege Rock Chevy failed to pay minimum wages, agreed upon wages, unlawfully retained Plaintiffs’ wages, and made unlawful deduction from commissions.

Affected employees include sales representatives that worked at the Rock Chevy ...

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14 JUN

Subcontracted Janitorial workers of Cheesecake Factory Owed $4.6 M

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California’s Department of Industrial Relations has just dropped the hammer on Cheesecake Factory. The state agency is enforcing a recent law that holds businesses jointly liable for workplace violations experienced by contracted and subcontracted workers such as unpaid wages. The famed chain restaurant had used a cleaning services contractor that subcontracted out the work for overnight janitorial staff but an investigation launched by the state agency found that those workers were not paid properly as well as ...

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17 MAY

Almost $10M in Prevailing Wages Denied by NYC Contractor

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A Queen’s contractor has recently been charged with stealing nearly $10 million from city prevailing wage contracts. The company, Parkside, kept almost $2 million in wages from its workers and almost $8 million from the state by manipulating how the workers were compensated. Even though Parkside brought in $100 million in contracts for Manhattan projects in 2016 to 2017, they altered worker’s timesheets and falsified payroll numbers instead of fairly paying its employees.

The prevailing wage is the ...

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15 MAY

Spam Text Lawsuit against NY Sports Club

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A spam text is nothing new, but did you know that if you receive one of these unsolicited messages you have protection and the right to monetary damages under the Telephone Consumer Protection Act (TCPA)? The TCPA provides protection against text messages sent to your mobile phone through the use of an auto-dialer when made without prior written consent.  You do not even need to sign up for the Do-Not-Call list to be entitled to these protections. The TCPA provides ...

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20 APR

Sexual Harassment Laws in NY Just Got A Lot Tougher

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The state of New York has put out tough new legislation aiming to combat sexual harassment in the workplace.  The new laws, approved by the New York State Legislature this past March and signed into law last week, cover a wide angle of issues from training and prevention to appropriate claim forms and investigation policies for when a sexual harassment complaint arises at work. After a sordid year of employees and individuals nationwide stepping forward to report ...

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19 MAR

Unpaid Overtime Lawsuit for Customer Service Employees

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Fitapelli & Schaffer, LLP filed a lawsuit against ASM USA, Inc.,  a company which provides outsourced customer service solutions for luxury brands worldwide. The collective action lawsuit seeks to recover overtime compensation and other damages on behalf of Brand Ambassadors, Ecommerce Specialists and Customer Service Representatives (“Covered Employees”) who worked for the Company.  The Complaint alleges that these employees were required to work more than 40 hours a week, but were not properly compensated for overtime pay.

To carry out ...

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