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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Restaurant Worker Rights: Eliminating Tips Backfires

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Is Eliminating Tips a Good Idea?

Last year, a restaurant owner in San Francisco, Thad Vogler, took the initiative to eliminate tipping in both of his restaurants in a search to increase restaurant worker rights. Such a move in the restaurant industry is expected to have a positive impact on its tipped workers as well as back of the house workers. With tips eliminated, wages were set increase to benefit its workers. This pay raise was made possible by ...

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Gramercy Tavern Sued for Unpaid Wages

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Two former tipped workers of the Michelin-starred restaurant Gramercy Tavern are suing owner and restaurant mogul Danny Meyer for unpaid wages. Meyer, who also owns several other restaurants such as Shake Shack, Blue Smoke, Maialino, Jazz Standard, The Modern, North End Grill, and Union Square Café under the parent Company Union Square Hospitality, has been accused of being in violation of federal and state labor laws.

The ex-employees allege that they were not paid correctly and are consequently seeking ...

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Tolani Lawsuit

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Fitapelli & Schaffer, LLP filed a class action lawsuit on November 12, 2014, in the United States District Court for the Southern District of New York against the owners of “Tolani”, located at 410 Amsterdam Avenue, New York, NY 10024, on behalf of all bartenders, barbacks, servers, bussers, runners, line cooks, food preparers, dishwashers, and other “Non-Exempt Workers” who have worked there.

The lawsuit alleges that the owners of this restaurant have instituted widespread policies in violation of the Fair Labor ...

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Mexican Radio Lawsuit

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Fitapelli & Schaffer, LLP filed a class action lawsuit on November 12, 2014, in the United States District Court for the Southern District of New York against Mexican Radio Corp., the owners of the “Mexican Radio” restaurants located at 19 Cleveland Place, New York, NY 10012 and 537 Warren Street, Hudson, NY 12543 (collectively, the “Mexican Radio Restaurants”), on behalf of all servers, bartenders, runners, supervisors, and other “tipped workers” who have worked at either of these locations.

The lawsuit alleges ...

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Jacques NYC Lawsuit

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Fitapelli & Schaffer, LLP filed a class action lawsuit on August 22, 2014, in the United States District Court for the Southern District of New York against Jacques Restaurant Group on behalf of all line cooks, food preparers, dishwashers, servers, bussers, runners, bartenders, and cooks (“Restaurant Workers”) who work or have worked at Jacques Brasserie located at 204 East 85th Street, New York, New York, Jacques 1534 located at 20 Prince Street, New York, New York, or The Pitch & ...

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Cafe Espanol Lawsuit

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On August 22, 2014, Fitapelli & Schaffer, LLP filed a class action lawsuit in the United States District Court for the Southern District of New York against the corporate entities doing business as the Café Español restaurants located at 78 Carmine Street and 172 Bleecker Street in New York (collectively, “Café Español”).  The lawsuit alleges that despite working over 40 hours per week, cooks, food preparers, dishwashers, and kitchen helpers are only paid a fixed weekly salary and not time ...

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Moonstruck Diner Case Update

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On October 2, 2013, Fitapelli & Schaffer, LLP filed a lawsuit alleging that Defendants Moonstruck Diners failed to pay non-exempt workers the proper minimum wage rate, overtime pay and spread-of-hours pay as required under the Fair Labor Standards Act (“FLSA”) and the New York Labor Law.

On July 2, 2014 the Court granted Plaintiff’s Motion for an Order Granting Class Certification, Court Authorization and Expedited Discovery pursuant to 29 U.S.C. § 216(b) and denied Defendants’ Cross-Motion for Judgment on the Pleadings ...

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